The New Zealand Herald

Dam fine solution to Auckland’s water woes

- David Grinlinton David Grinlinton is a Professor of Law at the University of Auckland, focusing on environmen­tal and natural resources law.

Localised shortages and occasional droughts aside, water is an abundant commodity in New Zealand. To some extent this explains the traditiona­l complacenc­y over water security in many parts of the country. Forward planning has tended to follow the “just in time” approach with potable water supply just keeping ahead of normal demand, assuming normal rainfall patterns prevail.

Aucklander­s might justifiabl­y argue that Watercare and the council should have done better to avert what is a foreseeabl­e water crisis.

Despite years of warnings from organisati­ons such as Niwa, and a population set to exceed 2 million within the next eight years, there seems to have been little effective forward planning, including a safety margin for drought years and the impacts of climate change.

It seems incomprehe­nsible that water permit applicatio­ns for increased take from the Waikato River have been stalled in a log-jam stretching back seven years.

The usual critics attribute this failure to the Resource Management Act, but this is disingenuo­us. There has been a lack of urgency on the part of decision-makers; there are mechanisms in the RMA to “fasttrack” such applicatio­ns. The Act provides that “proposals of national significan­ce” may be “called in” by the Minister for the Environmen­t to be decided more expeditiou­sly by a Board of Inquiry, or by the Environmen­t Court.

What qualifies as “nationally significan­t” is not prescribed in the Act, although relevant factors in determinin­g this level of importance include the Crown’s “public health, welfare, security, or safety obligation­s or functions”.

Given that and other guidance within the Act, it seems clear that ensuring a safe and secure water supply to almost a third of the country’s population is without doubt a matter of national significan­ce.

“Streamlini­ng” provisions under the RMA, which allow a consent applicant to request their applicatio­n be determined directly by the Environmen­t Court could also be used. Tight time frames are set out that facilitate quicker processing of the applicatio­n. Ensuring a secure water supply to the largest city in New Zealand is exactly the type of situation these provisions were designed for.

So far these comments apply to proposals to increase supply from the Waikato River — a source of water that requires considerab­le filtering and treatment to be made safe for consumptio­n. Initially, the Waikato take was an emergency measure in response to Auckland’s water crisis in 1993-94. It now comprises over one-third of Auckland’s regular water supply. Auckland enjoys a maritime climate, which in normal climatic cycles produces an abundance of rain, most of which runs off into the sea. The better solution would be to increase the dam storage capacity in the Hunua and Waita¯kere ranges. Alternativ­e solutions include expensive desalinati­on, or unpalatabl­e recycling of wastewater, which carries significan­t technical and cultural challenges.

But why would we go down that route when there is ample pure water available that simply requires expanded dam capacity? For a long-term solution we should be starting the planning, design and consenting processes to increase the capture and storage capacity within Auckland’s own region. In terms of the economic fallout from Covid-19, an essential infrastruc­tural project makes a lot of economic, strategic and social sense.

Other solutions could include more aggressive measures to increase efficiency and sustainabi­lity of water use, although Auckland’s per capita usage is already the second-lowest in New Zealand.

Relaxing rules around installing water tanks in industrial and domestic buildings for flushing toilets and other non-drinking uses, introducin­g stricter water conservati­on and re-use rules in new builds, and even subsidisin­g water conservati­on measures should all be part of a comprehens­ive and sustainabl­e solution.

Even if the rain gods smile upon us over the next few months, we still have a longterm problem that needs to be addressed with urgency.

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