Tag Archives: 3 waters

3 waters reform – an update

District councillors have been getting a lot of campaign emails recently about the Government’s 3 Waters reforms. They come with no reply addresses, but they deserve a response. This is my open reply to those emails, and update for the community on 3 Waters reforms.

I’ve written about this before but as a quick reminder, the 3 Waters are: drinking water, waste water (mostly sewage) and storm water (mostly rain run-off). It’s not about who owns the water itself or water quality, but rather who controls the pipes, pumps and drains that moves it all around and treats it.

Local councils around the country have generally not invested what they should have in water infrastructure over the decades and things are starting to get desperate. I guess they hoped the Government would bail them out. This reform is the Government’s response. It basically brings control of all council owned water infrastructure across the country under 4 super-sized water service providers. We will be part of one that covers most of the middle North Island.

These will be owned by local councils and run by independent boards. Like councils, tangata whenua get some high level representation, but it’s limited. The main idea is that economies of scale will get the much needed work done cheaper. There is some debate about how big those saving might be, but there will almost certainly be some. It also gets cheaper loans and big urban centres will cross-subsidise smaller populations like ours.

It’s important to remember that these changes are driven by Wellington. For people sending emails to local councillors, it would be more effective to send them to the Minister for Local Government, Nanaia Mahuta, since she actually gets to decide. We do not.

Which is what Whakatāne District Council did. We sent a letter to the Minister, and met with her on zoom. We made very detailed comments about what we saw was wrong with the reforms. These included concerns about the over-all approach, the governance arrangements, the lack of clarity about key aspects and the lack of say for our communities. I wrote a detailed article about this in the Beacon a few months ago. We were unanimous that we were against the proposals.

I want to emphasise this because there is some misinformation being put about. We were unanimous that we opposed the reforms. We did disagree on whether to join ‘Communities 4 Local Democracy’, a break-away group of councils, but that was just about whether it would be an effective advocate for Whakatāne’s interests. I still don’t think they have been, but we did end up joining them.

Almost everyone agrees some reform is needed though. It’s really about what that should look like. Local Government has not done a good job with water in most of the country. Recent letters to The Beacon about rates have highlighted the issue. Some people already find it hard to pay their rates bill, and so councillors are twitchy about putting rates up more than they need to. The true cost of that is underinvestment in water and other infrastructure.

We all hate rates rises, but good water infrastructure is expensive and it has to be paid for. Some people point to the Civic Centre Earthquake Strengthening, or the Commercial Boat Harbour development as places to save money, but both of these have very little impact on rates. I’ll write another piece about why and also why they are both so important. What is driving rates rises now is the need to catch up on investment in water infrastructure. Whakatāne is actually quite well placed compared to many councils, especially when it comes to drinking water, but the bill is still eye-watering. So I can see why the Government wants to take investment decisions out of the hands of politicians. The problem, of course, is that means less local accountability.

Our council has made our objections clear and specific, as have others. The Government actually listened to some of those and while they remain committed to the overall reform, especially the 4 big water service providers, they have made quite a few changes. There will be a review after 5 years. There will now be a subregional voice and consumer advocates embedded in the structure. They’ve made it harder to privatise by requiring a unanimous vote of all shareholding councils to do so. To name a few.

In response to National’s promise to roll back the reforms if they win the next election, it will now require a 75% majority of Parliament to do so. This will be almost impossible to achieve. So regardless of our opposition, the reforms will go ahead and they will be locked in. Labour has burned too much political capital already to turn back, they have introduced the bill to Parliament, and they have the votes. As a council our responsibility now is to make sure our communities are not disadvantaged. We are a small fish in the water services pond. By developing our infrastructure investment plans to the point where they can easily be picked up by the new entity, we can influence the work programme and make sure that the needs of our communities don’t slip to the back of the queue.

Critical projects like Matatā waste water, Murupara waste water, finding new sources for our drinking water supplies, are vital to the well-being of our communities. It’s a big program of work to get them ready to hand over to the new provider, but doing it well means our communities don’t lose out to the bigger urban centres. And this is just the first stage of a programme of local government reform. We need to keep communicating as clearly as we can about these big, complex issues. Being smart, adaptable, solution focussed and strategic is going to be important for the council for the foreseeable future.

Published in the Whakatane Beacon. 10/6/22

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WHAT’S GOING ON WITH THESE WATER REFORMS?

There is a whole load of reform coming down the pipeline from central government at the moment. Its hard to keep on top of it all – Resource Management Act, environmental standards, drinking water standards, housing and development, and of course three waters reform.

The ‘three waters’ are: drinking water, waste water (mostly sewerage) and storm water. In the Whakatāne district these are provided by the district council. In most cases the costs are equalised – spread evenly across all the people who get them, no matter where they live, so everyone pays about the same for about the same service.

Like most places, the Whakatāne district is facing some big bills in the near future. Even though the Department of Internal Affairs (DIA) rates the council’s performance on water as very good, most of our 3 waters schemes will not comply with changing environmental standards, or community expectations. It is this that is driving the bulk of the 6.9% rate rise this year.

Part of the problem is that some previous councils tried to keep rates down by not putting aside the money that would be needed, loading the problem on to the future. The question is whether our communities can now afford the bill. Regardless of whether you agree with the proposed changes or not (and I am personally not yet decided) it is important to understand the problem.

What is proposed?

These government proposals are not the final word (although they are getting firmer). They have said that councils have until 1st October to get our heads around the proposals and give feedback. An amended proposal will come out after that, with opportunities for the community to have a say before any final decisions are made. At this stage the council has not decided whether to be in or out of the reform.

The proposal is for 4 new water services providers to take over from the 67 councils that now own and run most of the water services. Whakatāne would be part of a water services entity that includes the Waikato region and goes south to a line stretching from around Waihau Bay to Whanganui.

This publicly owned entity would be big enough to be able to borrow capital, at a very low cost, to cover the work needed. In addition it would be able to plan across the whole network, and invest in specialist training and upskilling in a way that most councils cannot.

It would have market power to cut procurement costs and have the internal systems to handle what will be an increasingly complex compliance environment. It is smaller communities that would benefit the most from this, as the big cities already have some scale.

There has been a bit of misinformation about the ownership of these proposed entities. To be clear, they will be owned by local authorities. Those councils, along with mana whenua, will have representation on an oversight group, which will set the expectations for the entity. An appointments panel will make appointments to the independent board, based on competency, and the board will govern the entity. Any surpluses will be invested in the network, not distributed to councils.

The government has said there will be legislation to protect these new providers from privatisation. One proposal is that either a referendum or a 75% majority vote in parliament would be needed to do so. One of the reasons I support strong Māori oversight is that this is probably one of the best protections against privatisation of critical strategic assets like these.

The government has said that these large entities will need to engage with and respond to local communities with their specific needs. They will also have to work with local councils so that their water investments align with councils development plans for future population growth.

So will we be better off? As far as jobs go, the government has said that the new providers cannot run everything from head office. They will need to retain staff on the ground and in fact are talking about increasing staff. So the current proposal won’t take skilled people from our community.

As for water bills, the government is looking at an economic regulator along the lines of the Electricity Authority, to make sure that costs and investments are transparent and reasonable. Like everything else, though, water bills will no doubt keep going up. The DIA has estimated that over the next 30 years, average water bills in our district will go up a few hundred dollars with these reforms. Without the reform they estimate almost $5000 over the same period. Those savings probably come partly from big urban areas cross subsidising smaller communities.

Our council is checking over those figures to see if they hold true. The devil, as they say, is in the details. We need to examine these proposals very carefully to make sure that the substance is as good as the sizzle.

Finally, the government has said that no community will be worse off because of the reforms. The water assets will come off council books and go to the new water services provider. Councils will be compensated for the debt they hold for those assets, but not the equity. The claim is that many assets are overvalued when you look at the actual state of repair, and that there is more liability than asset.

The government will also provide around $22.6 million to Whakatāne District to help us shift to a sustainable and low carbon economy and provide the infrastructure needed for housing growth and development. These are critical issues for our community right now.

The council has not yet made any decision on whether to opt in or out of these reforms, and I am personally undecided. We are still working through the details of what is proposed. We also need to provide an opportunity for our communities to have a say. Having said that, it is not clear that we will have a choice. For small communities to get the benefits of scale, the government needs everyone, including the cities, to be part of it.

What is important right now is that we all understand what is actually being proposed and make our assessment based on facts. For more detail on the reform proposals, the Department of Internal Affairs website is a good start.

(Published in the Whakatāne Beacon 13/8/21)

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