LAW CHANGES
Safe drinking water is something people take for granted, but that faith has been shaken by a lead contamination scare in Waikouaiti and Karitane this week. Mike Houlahan looks at how the system is supposed to operate and what changes are in store.
LIFE is unsustainable without water so, unsurprisingly, there are stringent regulations about how it is delivered safely to our household taps.
Ultimately, at this moment the quality of drinking water is the responsibility of the Ministry of Health — a sizeable chunk of the Health Act is dedicated to setting out its responsibilities, and what is required of those to whom it contracts that work out.
Water suppliers — generally but not always local councils — are responsible for monitoring the quality of their water through inhouse or contracted drinking water assessors.
Public Health South provides additional protection through its accredited drinking water team, which monitors and assesses water supply quality.
Water is assessed on the three standards: the amount of chemicals — including lead — within, the presence of microbes such as protozoa, and its physical state, that being how much dissolved matter is in the water.
A fail is publicly notified, and suppliers must ‘‘take all practicable steps’’ to remedy the problem.
If a supplier fails to act adequately, a medical officer of health can issue a compliance order to fix the problem.
Failure to act can result in a substantial fine, both for the breach and for every subsequent day it went unresolved.
However, the system is cumbersome and slow. The ministry’s last annual drinking water quality report, for 201819, was only posted on to its website in June 2020.
S serious doubts were raised about the effectiveness of the system following the Havelock North contamination scare in 2016, when a campylobacter infection in a borefed supply resulted in 5000 people falling ill.
A twostage government inquiry was ordered into the outbreak, and one of its recommendations was that district health boards, public health units, the ministry and local authorities join forces to oversee drinking water quality.
The Southern District Health Board acted on that, and in May 2018 set up the Southern Drinking Water Reference Group.
Seven territorial authorities and two regional councils, with responsibility for more than
200 registered water supplies, joined the group, which afforded health authorities an extra level of control over the South’s drinking water quality.
Of those water supplies, the quality of the water varied widely.
Bigger population centres with larger rating bases tended to have the money to afford better water treatment, while small centres struggled.
Also, the region has several unregistered water schemes.
An estimated 25,000 southerners get their drinking water from them.
The last ministry drinking water quality report rated three of the Dunedin City Council’s four water supplies as safe and compliant.
Waikouaiti passed hygiene standards but did not have an implemented water safety plan — a document setting out how a safe and secure supply of drinkingwater for consumers will be provided.
Meanwhile, in Parliament, in a reflection of the complex issues involved, it took until 2020 for the Government’s legislative response to get in to gear.
Last July, the Taumata Arowai — Water Services Regulator Act was passed, setting up a new independent body to replace the ministry in oversight of drinking water, wastewater and stormwater regulations.
Parliament is now considering its next step, the Water Services Bill, which sets out the role and function of Taumata Arowai and makes clear the obligations of water service suppliers.
Arguably the most important change in the draft legislation is the inclusion of a legal duty.
If passed, a water supplier will have to ensure its drinking water is safe, whereas before it only had to ensure supply and that it took reasonable steps to supply wholesome water — a subtle but important shift in language.
Suppliers would also have a duty to supply ‘‘aesthetically acceptable’’ drinking water, and provide a sufficient quantity of drinking water — obligations which might well be beyond some smaller water suppliers.
Parliament has recognised that, with a proposed transitional period which will give suppliers serving fewer than 500 people three years to join up to the new system, with full compliance expected two years later.
Taumata Arowai will have to develop a compliance monitoring and enforcement strategy, to be reviewed every three years.
With unintentional but almost perfect timing, the Water Services Bill is now open for public submissions.
It seems likely residents of Waikouaiti and Karitane will have a thing or two to say on the issue after this week.