PETER WILLIAMS: National about to lock-in co-governance of local water

The following was written in Peter's capacity as Taxpayers' Union board member

In 2022, I joined the Board of the Taxpayers’ Union to fight Nanaia Mahuta’s plan to confiscate community-owned water assets and put them into ‘co-governed’ Three Waters entities.

And with the Luxon-led Government being elected with such a clear mandate, I thought we had won.

So it gives me no pleasure to give you the bad news. Co-governance of local water is back.

And it rests on you and me to stop it.

I am asking you to join me in supporting the Taxpayers’ Union to defend democratic accountability for local water assets – again.

The promises could not have been clearer

The National Party went into the 2023 election with a policy of no co-governance for the provision of public services.

In the party’s “Local Water Done Well” policy document (which borrowed much of the policy framework developed by the Taxpayers’ Union) National explicitly ruled out undemocratic co-governance:

At the “Stop Three Waters” public meetings the National Party spokesman for local government (now the Minister) Simon Watts repeated the assurance.

He said:

“National’s alternative to Three Waters will not have co-governance with ratepayer-owned assets remaining under ultimate democratic control.”

In Tauranga – in front of 500 supporters – Watts described it as a 'bottom line':

“Co-governance will not be part of any alternative model that National proposes in a future government and that is a bottom line.”

So you will understand my frustration, to be briefed that Simon Watts has just waved through local “Water Services Delivery Plans” that explicitly include co-governance as part of the new water entities.

Minister Watts is approving models of undemocratic co-governance identical to Mahuta’s original Three Waters

The Taxpayers’ Union have just shared with me a memo from their Local Government Policy Analyst which details the Delivery Plans of one of the new regional water entities.

The memo outlines the Metropolitan Wellington Water Services Delivery Plan: “developed jointly by the five Wellington councils working in partnership with mana whenua partners”.

The plan was approved by the Minister’s officials just before Christmas but was only recently made public.

It is jaw dropping.

Minister Watts is allowing councils to implement literally what he campaigned against just two and a half years ago.

We need to draw attention to what is happening and stop these plans before they are set in stone.

Behind closed doors, Government officials have approved a regional model where a co-governed “Partners’ Committee” sits above the water entity boards.

Rather than being appointed and accountable to democratically elected councillors, the regional water entity board members report to (and are appointed by) the co-governed Partners' Committee.

Worse still, in the case of the Wellington region, a secret Iwi ‘Partnership Agreement’ exists which, according to recently disclosed documents, strips away most of the rights of council “ownership”.

The publicly available “Service Delivery Plan” makes clear that the Iwi Partnership Agreement trumps the entity’s constitution and is binding on the water entity, its shareholder councils, and the Board.

That means, just like Mahuta tried with Three Waters, the concept of council or ratepayer “ownership” becomes a legal fiction.

More details are in the research memo, which I’ve asked to be uploaded to the Taxpayers’ Union website. [Editor note: a link will be included once the document is available]

Judge for yourself.

Here are some of the clauses contained in the Regional Delivery Plan that has been approved:

Directors will be required to follow iwi advice on how to protect the "mana" and "spiritual health" of local water

The Delivery Plan locks-in “restoring Te Mana o te Wai” as “the vision” of the water entity. That is very significant. It effectively ties the hands of the directors to further that vision and adhere to requirements to promote the ‘spiritual health’ and mana of the water itself.

Under the environmental law passed by David Parker (which the new Government still hasn't repealed) the meaning of "Te Mana o Te Wai" must be determined by local mana whenua groups, as they are deemed the experts, and it can vary in different tribal areas.

Let’s not beat around the bush: what is being implemented is the same model as proposed originally by Nanaia Mahuta.

Having water entities operated by a board whose members are appointed by (and report to) a ‘co-governed’ committee, rather than democratically elected councillors, will mean higher water costs and less accountability.

Is this why National are suffering in the polls?

I know there are a lot of supporters of the Government concerned about the poll numbers and fear a change of government later this year.

But I would argue that the very reason the Nats are doing poorly is precisely because they have not followed through on their mandate for change.

We need them to take action now, before it is too late.

Watering down democratic accountability and introducing co-governance of ratepayer-funded water assets is not a recipe for prosperity.

This campaign needs to be about forcing Minister Watts to hold true to the National Party’s own policy and force the councils to ‘have another go’ at water plans that are, in effect, just a regurgitated Three Waters.

I’ve taken the decision to step up and support the Taxpayers' Union again. We need to fight for democratic control of ratepayer assets, and do the job the media will not.

Are you with me? 👉 Support the campaign to protect democratic accountability of local water assets.