Clause 3.6: Transparent decision-making

Clause 3.6: Transparent decision-making applies to all decisions made in implementing the NPS-FM. It requires councils to publish the matters they have considered and the reasons for the decisions reached.

The intent of this clause is to ensure that all decisions made in giving effect to the NPS-FM are recorded. This is particularly important for decisions made under the NPS-FM – such as about tangata whenua involvement and developing action plans – which may not be adequately recorded by other processes associated with the development of a regional plan (ie, hearings under Schedule 1 of the RMA or a regional council’s evaluation report prepared under section 32 of the RMA). How councils give effect to other parts of the NPS-FM (eg, limit setting), should already be transparent in the content of regional plans and supporting documents, and adequately addressed by such processes.

Existing processes under the RMA can continue to be the mechanism by which decision-making is made transparent (further supported by the ability to appeal or judicially review decisions, and by the Local Government Official Information and Meetings Act 1987).

Clause 3.6 does not provide additional reporting requirements, where processes already provide a requirement to record the decision-making. The intent is to make clear that requirements under this clause are an addition to other statutory requirements, but that councils do not need to double-up recording requirements, where there are overlaps of statutory requirements.

Clause 3.6 is most relevant to tangata whenua involvement in freshwater management (more specifically, clause 3.4(3)) and in preparing action plans (clause 3.15). Importantly, it applies to all parts of the NPS-FM – as made clear in the NPS-FM amendments of February 2023.

Related to this, is clause 3.2(2)(b), which requires councils to engage with tangata whenua and communities to identify all elements of the NOF. In order to engage with all parties properly, councils should ensure that all parties have access to the relevant information required to gain an understanding to contribute. For best practice implementation, the points below should be considered (but these considerations are not limited to these points).

• In order to have transparent decision-making, councils need to show their decision-making process, rationale and evidence throughout the entirety of the NOF process.
• Information made available should be tailored to the specific needs of tangata whenua.
• Information should be accessible to as many people as possible, noting that it will not be practical for councils to tailor all types of information and data to a lay/non-technical audience (eg, complex modelling decisions).
• All the necessary information and the decision-making process must be able to be accessed by those with some technical understanding. To ensure information can be widely interpreted, it should clearly provide the following:
  • the methodology (including key assumptions), the inputs of data and the rationale for both (including transparency around the data inputs and how they are sourced for any output models used to set limits)
  • where data is incomplete (ie, from national databases) and what assumptions or allowances have been made based on the limitations of that data
  • how the Te Mana o te Wai hierarchy approach has been provided for
  • the evidential link between each of the NOF steps (as set out in figure 3). This means considering and documenting the following: How do TASs achieve environmental outcomes and how do limits achieve TASs? How will limits be managed sequentially and over time to fit in with the long-term-vision timeframes? What was the rationale for the timeframes decided upon?
  • certainty that limits imposed, and associated actions and methods that will be used to achieve those limits, give effect to Te Mana o te Wai. For instance, the contaminant load limit required to meet the water-body outcomes should be provided, not simply the ‘methods’, and should include the suite of rules that will achieve the limit. 

• Exposure draft of proposed changes to the NPS-FM and NES-F