Environment Canterbury is considering asking for an exemption to carry on with its freshwater policy plans after the Government pushed pause.

The Government amended the Resource Management Act to include restrictions on councils’ ability to notify freshwater plans until the replacement National Policy Statement for Freshwater Management is in place.

Environment Canterbury was planning on bringing in a new Regional Policy Statement, and a Plan Change to the Land and Water Regional Plan, later this year.

What they do now will be discussed at Wednesday’s council meeting.

The staff recommendation is that Environment Canterbury seeks clarification from the Minister for the Environment; and “if appropriate, apply for an exemption that would potentially enable either or both to be publicly notified”.

Canterbury regional planning manager Andrew Parrish said the national direction prevents notification of planning instruments that give effect to the National Policy Statement for Freshwater Management 2020, which isn’t quite the same as all planning instruments that include freshwater management policy.

“There is an option for councils to apply to the Minister for an exemption and that too will be discussed on Wednesday as a possible option.”

ECan has sought legal advice, he said.

The regional policy statement has been under development for several years.

The Canterbury Regional Policy Statement is a document that gives effect to the RMA and national direction, providing an overview of the resource management issues and guidance on looking after natural and physical resources.

Members of the community had raised concerns that ECan was forging ahead with the policy changes, knowing the Government was signalling changes that could require the policy to be rewritten.

The Ashburton District Council’s submission, written before the Government’s changes,  stated ECan “must abandon" its plan to notify the draft policy statement in December due to the pending changes in national direction and governing legislation.

Federated Farmers Mid Canterbury president David Acland previously stated it didn’t make sense to introduce new water quality rules at the same time the Government was changing the national direction, supporting the Government’s move “to make the pause button get pushed”.

Parrish acknowledged those concerns have been raised and recognised in council discussions and “could still influence the decision they make”.

The options being considered include a pause until January 2026, engaging with the Minister for the Environment, progressing parts of the policy that are not related to freshwater, or progressing the policy as previously intended.

By Jonathan Leask