PM Shrugs Off Three/Five Waters Pushback as 'Confusion'

November 23, 2022

The government has tried to clear up some “confusion” over part of its Three Waters legislation, which had left critics nicknaming it “Five Waters”.

The reforms aim to put New Zealand’s drinking water, wastewater, and stormwater into four regional entities, but have proved controversial, with councils claiming they will lose control.

Under the bill, the four Water Service Entities must give effect to Te Mana o te Wai, and mana whenua would be able to make a ‘statement’ expressing how an entity should do so.

Te Mana o te Wai refers to the fundamental importance of water in te ao Māori, and is part of the National Policy Statement for Freshwater Management.

But the Finance and Expenditure Committee’s report into the Water Services Entities Bill recommended geothermal and coastal waters also be included within Te Mana o te Wai policy.

“In the bill as introduced, Te Mana o te Wai and Te Mana o te Wai statements would only apply to freshwater bodies. However, water services also discharge into coastal water, and may affect geothermal water. We believe it would be appropriate to expand the bill’s application of Te Mana o te Wai to these other water bodies,” the report said.

It has led to accusations from critics (including former deputy prime minister Winston Peters, and the National Party) that the government’s reforms aren’t Three Waters, but “Five Waters.”

But the prime minister insisted that was not the case.

“I’ve read the legislation, it does not change the scope. It’s a reference to the impact that if you pump for instance wastewater into the ocean, it has an impact on coastal water,” Jacinda Ardern said on Tuesday.

But she acknowledged that part of the bill could be clarified.

“It has caused potentially some confusion. So we’ll ask the drafters whether there’s a way to make it much clearer.”