Local Government (Water Services Preliminary Arrangements) Bill
I move, That the Local Government (Water Services Preliminary Arrangements) Bill be now read a third time.
This bill delivers on our Governmentâs commitment to the Local Water Done Well policy. Our goal is straightforward: to ensure high-quality, locally managed water services and to improve infrastructure that supports housing growth. Weâre working closely with local government to make this happen. Local Water Done Well empowers councils to develop financially sustainable solutions to the longstanding water infrastructure challenges affecting many communities.
The previous Governmentâs approachâan unpopular, mega-bureaucratic, co-governed modelâwas costly and overwhelmingly rejected by voters at the last election. Earlier this year, we put an end to those divisive reforms and returned water services to local communities and to council control. That was the first step in the Local Water Done Well policy reform process.
This bill lays the foundations for our new approach to managing and regulating water services. Under this bill, councils stay in control. They will determine their preferred delivery arrangements, starting with the development of water service delivery plans within 12 months of this billâs enactment. These plans will show how councils will deliver drinking-water, waste-water, and stormwater services in a financially sustainable way to meet regulatory standards.
Local decision-making is a key element to this bill. We understand that for some councils, the best outcomes will come from collaboration. This bill allows councils to submit joint water service delivery plans, detailing how they will work together to provide water services more efficiently and cost-effectively.
It also includes provisions for councils that need support. This bill also allows me to appoint a Crown facilitator to help councils prepare their plans or a Crown water services specialist to do it on their behalf. Councils can also request this assistance. Crucial information from these plans will be shared with the Commerce Commission as it develops a full economic regulation regime. This includes asset conditions, revenue and expenditure projections, and details on capital and borrowing. This bill also provides for some councils to be subject to an early form of information disclosure by the Commerce Commission, building on the data collected through these plans. This is particularly important for councilsâ more advanced practices or those ready for a faster track towards detailed oversight.
For councils ready to transform their water services now, this bill provides an optional, streamlined consultation and decision-making process. This will make it easier for these councils that want to establish, join, or alter a water services council-controlled organisation or joint local government arrangement as currently provided for under the Local Government Act. This streamlined process allows them to move quickly while still ensuring community input.
One of the Governmentâs election promises was to provide a financially sustainable model for Auckland, and Iâm pleased to say this bill also delivers on this promise. Weâve worked with Auckland Council to implement a model that gives Watercare financial independence, while allowing the council to retain complete ownership. This model also reduces the projected water bill increases for Aucklanders from 25.8 percent this year down to just 7.2 percent and, crucially, allows for Watercare to continue with their capital programme of investing in capital infrastructure to clean up our harbours through the Central Interceptor project.
Finally, this bill aims to reduce cost pressures across the sector through changes to the Water Services Act. These changes mean that the water services authority Taumata Arowai will no longer have to consider the hierarchy of obligations under Te Mana o te Wai and the National Policy Statement for Freshwater Management when setting waste-water standards, addressing concerns about potential cost implications. While this is an interim measure, it provides greater certainty for those involved in infrastructure development, helping to reduce the costs of future investment in waste-water infrastructure. Weâll continue to work on replacing the National Policy Statement for Freshwater Management to rebalance Te Mana o te Wai and better reflect the interests of all water users.
Weâve heard councilsâ call for local control and flexibility in their delivery of water infrastructure, and with this bill we answer that call, providing councils with the options and tools they need to make decisions that benefit their communities. Itâs clear that spending $1.25 billion on setting up new water service entities wasnât necessary, as the last Government was proposingâ$1.25 billion that they spent. New Zealanders deserve better water services, and Local Water Done Well is our plan to deliver that change. The previous Governmentâs one-size-fits-all approach wasnât the right answer for local councils. Our plan recognises that local leadership and decision-making are critical to enhancing water services, supported by central governmentâs role in ensuring robust water-quality standards and better access to long-term funding for critical infrastructure. I am confident that we are giving local communities the flexibility and the tools needed to deliver water services effectively.
One of the cornerstone achievements of our Local Water Done Well policy is the innovative financing arrangements made possible by the Local Government Funding Agency (LGFA). We recognise that many councils face significant financial constraints in meeting the demands of upgrading and maintaining their water infrastructure. Better access to LGFA financing helps solve this, empowering councils with the financial flexibility they need, while ensuring ratepayers are not overburdened by unnecessary costs. Through this partnership, council-controlled water organisations that are financially supported by their parent council or councils can access financing equivalent to 500 percent of their revenues, backed by the LGFAâs AAA credit rating. This means improved access to finance for council-controlled water services, which would otherwise be constrained by their parent councilâs level of borrowing. It also secures funding the investment in water infrastructure at much lower interest rates than would have been possible under Labourâs model. This financing is available now, and I think itâs really, really important to highlight this.
This deal which has been done with the Local Government Funding Agency changes the game when it comes to councils investing in water services. Under the last Governmentâs approach, the entities they were putting up wouldâve been able to only borrow up to 350 percent, for most of them except for Entity Aâup to 350 percent against their revenues. Under this financing, they can borrow up to 500 percent against their revenues, and because of the arrangement through the LGFA, LGFA is able to provide the lowest cost financing to councils through its AAA credit ratingâthe lowest cost financing to councils.
Members opposite will still be hammering on about how their three waters co-governed, mega-entity proposal apparently was going to be cheaper. Well, thatâs a figment of their imaginationâa complete figment of their imaginations. Firstly, those entities wouldâve been lumped with $1 billion of establishment costs over and above the $1.25 billionâ
Hon Scott Simpson: How much?
Hon SIMEON BROWN: $1 billion of establishment costs. Secondly, they wouldnât have been able toâfor most of those entitiesâachieve a 500 percent debt-to-revenue ratio. That wasnât going to be available to them. And, thirdly, they would not have received the financing through the LGFA and the AAA credit rating, which meant that they would not be getting and would not be accessing the lowest cost financing available to local government.
What this Government has done through Local Water Done Well has ensured that councils have the framework, the tools, and the financing to be able to enable them, working with their local communities, to be able to invest in the water infrastructure that they need to invest in. This Government has done that in as simple a time as nine months. We didnât spend hundreds of millions on consultants. We didnât need an army of consultants to do this. We just needed to have clear direction, look at the innovation that came through the LGFA, make decisions, and get on with it. Thatâs what this Government has done, and because of that weâre on the cusp of a new and improved delivery system for local government.
My message to local government is: thank you for calling for this change. Thank you for the mayors who stood up and opposed the last Governmentâs divisive reforms. Thank you for supporting us through this process, and we look forward to seeing the work that you do, collaborating with your communities, taking advantage of this new financing so that you can deliver the infrastructure that your community desperately needs, the improved water infrastructure, the improved quality, and investment in the growth that is needed in your community. I commend this bill to the House.
The question is the motion be agreed.
Thank you very much, Mr Speaker. The problem with that speech by the Hon Simeon Brown is that I just donât believe himâand there are many New Zealanders around who donât eitherâbecause I find the Minister to be about as disingenuous as you can get. Here he is standing in the House making all sorts of promises to the country, as he has done throughout the campaign, but what is in the bill doesnât match what he is saying. There were a lot of claims made tonight where, if people were to take the Minister at what he was saying, they would expect rates would not continue to go up. But he failed short of making that promise, because he knows, in his heart of hearts, that rates will continue to go up, because the advice that he has received is that this approach by this Government will still result in rates increasing. And thereâs a number of reasons why I find his claims to be disingenuous.
The workings that they are going on are based on a false assumption that the level of expenditure that is required over the next 30 years is less than half what was claimed previously. Now, we know, through peer-reviewed assessment that was derived from councilsâ own numbers, that there needs to be up to $185 billion spent over the next 30Â years. The Minister claims that it is less than half of that, not by looking at councilsâ own numbers and projections over 30 years but by looking at councilsâ projections from their long-term plans. That is not being upfront with New Zealand, because he knows that councils wonât reflect 30 yearsâ worth of work in their long-term plans, because itâs only 10 years out. Then there will be, through the process that councils have had to go through over the last wee while, a number of large-scale projects that wonât be reflected in those 10Â years. But he stood up and he told the country that this is affordable for councils.
New Zealanders are in a situation where the Minister is making a claim and weâre making a claim, so why donât they listen to neither of us and listen to the credit rating agencies instead? Ultimately, itâs the credit rating agencies that determine the cost of borrowing. Borrowing is the reality when it comes to this water infrastructure. We cannot escape that fact. Regardless of how much needs to be spent, it needs to be borrowed. When the Minister stands up and says that it is a fraction of the cost and a fraction of the expenditure and the credit rating agency turns around and says, âWe donât believe you.â, nor should New Zealanders. We certainly donât. I donât think heâs being upfront. What heâs doing is finding a political solution to a massive issue facing this country, an issue that hits every New Zealander, whether they own their home or whether they rent. Rates determine the costs that hit their household. I think rates are going to be the biggest issue facing households in this country over the next wee while, and this bill isnât going to help at all.
They stand up here in this House and say, âWe are helping councils.â when they know, from their own advice, that theyâre not. On the back of dismissing the recommendations that came from the Future for Local Government Review, calling it woke nonsenseâdespite the fact that the recommendations had alternatives for councils, had some tools and levers that they could pull so that they didnât have to rely on ratesâtheyâve dismissed it. The only option theyâve got is rates, and they have the gall, after doing those two things, to turn around and stand up in front of councils and lecture them in a patronising, cynical, and arrogant way and tell them itâs their fault.
Again, thatâs political. That is a political calculation, because they know theyâve stuffed up. They know that they set the rules within which councils operate, and they know that they have now made sure that councils have no option but to continue to increase rates and they donât want to cop it in two yearsâ time at the next election. So they are bending over backwards to make sure that the inevitable fury that comes from ongoing rates increases goes towards mayors and councillors instead of them. Well, my message to ratepayers is that itâs actually not your mayorsâ and councillorsâ fault. These guys are trying to spin it as if it is, but itâs their fault. The next time they get a bill and they are surprised by the rates increase, remember this: the Government had an opportunity to help councils out and they blew it. They blew it for political reasons, and now they tie their legs together and turn around and criticise them for not being able to walk.
Now, I could give them a week, an entire sitting week, and ask them to come up with all the lists of what they call wasteful spending, and it could be as long as you like. But itâs not even going to scratch the surface. When over 80 percent of councilsâ expenditure is on water and on roads and all they want councils to focus on is roads, water, and picking up rubbishâthat was the Ministerâs response in question time todayâeven if councils got rid of all the libraries and all the pools and all the sports grounds and didnât do up the local footpaths and didnât do up the local town centres, rates would still go up. If they were being upfront with New Zealand, they would declare that, but theyâre not. That is why I believe the Minister is being disingenuous. They know the system is stuffed, and theyâre refusing to do something about it.
The credit rating agencies, the ones that actually determine what is and is not affordable, have said this will not work. Theyâre going ahead with it anyway. They are working on the basis of a level of expenditure which dismisses 20 yearsâ expenditure, because, if they actually were upfront and looked at the 30-year projection of up to $185Â billion that came from the councilsâ own figures themselves, this plan wouldnât work. Theyâve done some jiggery-pokery and theyâve made it look like itâs going to add up, but itâs not, and, at the end of the day, whoâs going to suffer? Itâs going to be ratepayers. Itâs also going to be good and hard-working mayors and councillors. If the Minister actually sat down with them in their council chambers and talked to them during the long-term plan process, just like I would, he would know the angst that they have gone through to try and keep rates low. But theyâve got no choice.
Now, if you look at South Wairarapa as an example, they have had rates increases of 20 percent in the last two years, and they still donât have the money to upgrade their roads; they still donât have the money to upgrade their water system. Now, South Wairarapa are in a council-controlled organisationâthe thing this bill doesâbut they still donât have the money. They have stopped developments in Greytown and Martinboroughâno more new builds. Thatâs itânone. The local tradies are having to leave the region to get work. The local Mitre 10 has really been hit, because, if there are no builds, no one is coming in to buy materials. Why? Because they cannot afford to upgrade their waste-water systems. Now, theyâve tried. They thought entering into Wellington Water was the solution, but then it didnât work out, did it? It didnât work out, because it doesnât add up, because what the Minister is promising also doesnât add up.
Today is actually a sad day. Itâs a sad day when a Minister stands up and says something that he knows in his heart of hearts wonât eventuate. I think thatâs a bit of a disgrace, and yet he carries on. He knows the numbers donât add up, because the very advice that his own officials and own department have given him says so. They fiddled it. They fiddled with it to make it look feasible, and theyâve run with it. In some communities, they have already put rates up because they got rid of the affordable water reform. The councils have said so themselvesâliterally writing to their ratepayers and saying, âSorry, it was going to be this amount; now itâs this amount, because these guys got rid of the affordable water reform.â
This bill does nothing for the likes of the Tararua District. Theyâve got around 10,000 ratepaying units and the fourth-largest roading network in the country. They need to find $600 million over the next 30 yearsâthatâs from their own figures; the figures the Minister called âdodgyâ. Thatâs their own figures. They cannot afford it. They canât afford it by themselves, and even if they joined up with, say, two or three councils around them, they couldnât afford it either. If you were a mayor or a councillor in a surrounding district, why would you voluntarily join up with them? I know theyâre entering into this process in good faith, because councils do that, but, at the end of the day, when they look at the numbers, why would they do that? I feel sorry for the mayor and councillors in the Tararua District, because this is a problem not of their making but itâs up to them to fix, and the Government is not helping them.
TÄnÄ koe, Mr Speaker. I have to agree with my colleague the Hon Kieran McAnulty: it is a sad day, today. I want to acknowledge that we have got to today from a lot of unfortunate political failure and system failure. Itâs created these longstanding issues that will worsen as climate change and extreme weather events take hold, and itâs putting our ageing infrastructure under increasing pressure. We know that the financial burden of all of this is in the hundreds of billions, so itâs no small thing. I have to reflect that Iâm disappointed that this, ultimately, is a bill of missed opportunitiesâand I have to agree with my colleague across the House on that. We know, to solve these challenges, that whatever the model for reform is, it needs to be connecting our councils with communities. It needs to be taking a longer-term view. It needs to be incorporating mandatory considerations like climate change and needs to get out of this very siloed thinking where weâre lumping the blame and the responsibility on councils and ratepayers, who simply cannot meet that challenge alone. We are needing to be part of that, and weâve missed that opportunity with this bill.
The first opportunity that I want to reflect on was how truncated the actual process was in the consultationâif you can call it a consultationâon this bill. It was hugely limited, to the extent that not all councils even got to submit on this bill and actually have their say. That is a huge, missed opportunity for actually getting to a place where we can address these very serious issues.
I want to start, as wellâthis is not about only our missed opportunity to address our infrastructure deficit, but itâs a missed opportunity to do so in a way that is actually comprehensive and fit for purpose for Aotearoa. I want to pick up on that specifically because it is a missed opportunity for co-governance. Some might call it co-governance, others might more accurately call it governance, and this is in upholding the rights of iwi and hapĹŤ in their exercise of rangatiratanga over water. Itâs completely missing from the bill. The Pou Taiao of Iwi Chairs Forum put it really succinctly when they said, âThe billâs proposals lack any acknowledgment of the Governmentâs Te Tiriti obligations to iwi and hapĹŤ, and there is no reference at all to iwi and hapĹŤ participation in the delivery and decision making in respect of the mechanisms proposed.â Now, for this land and this place, for our water here, that is a glaring oversight, and itâs something that Iâm hoping that this Government will take note of in the next bill, which becomes more substantially about the guts of how this new reform system will work.
I wanted to pick up, particularly, as well, on the missed opportunity to prioritise the health of our people and the health of our water. It was really disappointing hearing the Minister of Local Government talk about the positive nature of getting rid of Te Mana o te Wai considerations when setting waste-water standards through Te Mana o te Wai. We find this, as the Green Party, to be completely inappropriate, to be really short-sighted, and introducing considerable complexity into this water system that we have, where Te Mana o te Wai, as was pointed out really clearly by a number of submitters, was designed as a cohesive whole. It has a number of elements, and to pick out just one, in Taumata Arowai in the setting of these waste-water standards, is very short-sighted. Te Mana o te Wai was meant to be the driving force which actually improved the environmental outcomes and the health outcomes of our communities, and actually resulted in appropriate levels of investment that would further New Zealand in those outcomes. Without it, we risk locking in further underinvestment, an issue that weâve already been party to, and weâll end up with substandard infrastructure and decision making, which is, ultimately, detrimental to the health of our environment and our communities.
I really want to pick up on that; the public health implications which have had such a light shone on them during the submission process. I want to pick up, particularly, on the submission of the Public Health Communication Centre. They talked about the removing of the hierarchy of obligations from Taumata Arowaiâs work meaning deprioritising the safety and quality of peopleâs drinking water and increasing the risk of illness from polluted drinking water. They talked about, given the human and financial costs of illness from water-borne disease and the typical high-cost effectiveness of reticulated and water sewage systems in urban settingsâit holds that the safety of drinking water should have an extremely high priority. Now, that should not be news to anyone, yet weâre still making laws and legislation that make it necessary for health professionals to point that out to us.
Whatâs really disappointing, as well, with this bill is that it has failed to listen to the voices of councils when actually setting the criteria and the framework for which they make these decisions about whether to join joint water service delivery, to make the plans, and to make the joint entities.
We heard, overwhelmingly, from local councils and Local Government New Zealand and Taumata Arowai that they wanted 30-year minimum time frames for these water service development plans. They talked about how 10 years was completely insufficient when planning for resilient water infrastructure and water services, particularly with climate impacts. They asked for things like a much more pragmatic 24-month time frame, to actually allow them to have the conversations to make these water service delivery plans come into fruition and have the time to consult with iwi MÄori on that. They also asked for much better integration with their existing planning processes, their long-term plans, their future development strategies, and their infrastructure strategies. The fact that, again, this Government has overlooked those time frames means that it is not going to be integrated. It risks councils that simply donât have the resources available to them to meet these shorter-term time frames and will actually miss the boat altogether, and risks what we heard so often during the submissions as them then resulting in âorphanâ councils that arenât part of the bigger picture.
The last aspect I wanted to pick up on was the huge, missed opportunity in actually allowing regional council voices to be at the table when considering these joint water service delivery plans or entities. Now, yes, we add the Greater Wellington Regional Council, but we missed all the other regional councils. The reason why we needed to have them as part of the conversation is we need to get beyond this âWhatâs in it for me?â kind of thinking, where weâre taking these arbitrarily defined boundaries or areas. We know that our drinking-water aquafers cross city and district boundaries. We know our waste water and stormwater flow across the landscape into our streams and our rivers. It, ultimately, all ends up in our shared ocean. We need a greater, bigger picture to this, and the voices of individual councils considering these things alone is not going to get us there. We actually need that broader view.
I would really encourage the Government to consider all of these things as they go into the formation of the following bill to come, because, unless we are addressing these problems at scale, the solutions will, ultimately, be patchy, theyâll be inadequate, theyâll be expensive, and detrimental to the health of our communities and our environment. This bill has been a huge, missed opportunity, and the Greens will not be supporting it. Thank you.
Thank you, Mr Speaker. It was rather interesting sitting here and listening to Kieran McAnulty, the former Minister of Local Government, make claims about rates going up. I think we know where they would have got the money from. It would have been from borrowing or it would have been another tax, and, really, itâs the same people paying at the end of the day. When youâre borrowing too much, you get inflation, and when youâre taxing too much, you scare people away and out of work. It leads to unproductivity, and it means less is getting done with more.
Today, Iâm proud to speak in this final reading of the Local Government (Water Services Preliminary Arrangements) Bill. We listened to Kiwis. We did the hard work of restoring local ownership and control of water services as part of the Governmentâs 100-day plan, and I congratulate the current Government on having the courage to tackle this water infrastructure crisis head on. For too long, this country has faced infrastructure crises and we have dealt with that on a short term, Band-aid solution basis. This has been overwhelmingly rejected by New Zealand communities across the nation. The previous Government tried to address infrastructure issues in water services with misguided mega-entities and less local control, all while failing to deliver the solutions voters wanted.
The ACT Party is not here to impose top-down models on councils, who know their community, their waterways, and their waste-water systems better than a far-off bureaucrat, perhaps in Wellington or somewhere else, does. We are listening to voters and empowering them to find creative and innovative ways to meet local needs. I praise the mayors of New Zealand who saw through the affordable water reforms of the last Government.
This bill lays out the foundation for a much more financially viable and locally led future for water services in New Zealand. Councils will have the ability to choose their own financially sustainable delivery model that allows them to continue to support communities and improve their water delivery services. We want councils to be able to collaborate to address the different affordability issues across different regions, while maintaining their autonomy. Ultimately, we believe that councils who wish to move fast and adopt new delivery models should have a streamlined process to do so. We are removing unwanted barriers from councils which have got in the way, and we are allowing them to establish and amend new water services organisations.
Councils will be required to submit their water services delivery plans within 12 months of the bill becoming law. These plans will need to include a councilâs approach to delivering drinking water, waste water, stormwater, and other water services. The plans need to show that the approach the council is taking will be financially sustainable and meets regulatory standards for quality.
Now, while Auckland is a key focus of this bill, Iâd like to take a moment to acknowledge the small, rural areas, who have been anxious about the three waters changes taking power away from them. You and your local government understand what is needed, and we understand that councils need to retain their roles as strategic, democratically elected community leaders. Rural people have the right to be included in the reforms that would have pushed small councils to financial and resourcing limits. Weâve seen communities around the country concerned about how their small town would be impacted by the centralisation of these services. These communities are the backbone of New Zealand, and Iâm proud to be able to reassure them that we will continue to fight for you.
The previous Government took away local control and wrapped it in bureaucracy and promises of co-governance. They hoped New Zealanders would look past this debacle.
This is a critical piece of legislation. It establishes the Local Water Done Well framework and the preliminary arrangements for the new water services system. We trust local councils to be able to make decisions based on the needs of their community, and to provide unique infrastructure solutions according to their needs and their concerns.
I come from a part of the countryâTaurangaâwhich has been paying for its water for a long time. We have some high-class water infrastructure, and I hope to see the rest of the country follow suit on the path that Tauranga has done. ACT and I commend this bill to the House.
Thank you, Mr Speaker. During the committee of the whole House, we heard quite a bit about what isnât in this bill, and from the Opposition saying, âYou know, we want to know the answers to these things.â The clue is in the name. This is the Local Government (Water Services Preliminary Arrangements) Bill. Itâs preliminary; thereâs another one to come. We have a first stage. If we remind you, it was the repeal of the previous Governmentâs three waters proposal. Then thereâs this stage and then thereâs another one, which was quite clearly signalled in this bill and that will come at the end of this year.
I just wanted to briefly remind ourselves about that first stageâthe repeal of the previous Governmentâs legislationâbecause I think in this debate thereâs been a little bit of reinvention of history. We heard a bit of that reinvention of history from the Hon Kieran McAnulty before. There were less than 200 submissions on this bill. There wereâhow many was it?â86,000, 87,000.
Hon Scott Simpson: 87,000.
ANDY FOSTER: 87,000 on Labourâs legislationâand that wasnât because people loved it; it was because people didnât like it at all.
Look, itâs been portrayed as a solution that will fix everything overnight. But, look, the reality is, it wasnâtâand weâve heard from the Hon Kieran McAnulty already that itâs in some way to blame for rates going up this year, and theyâre going up across the board. But the reality is, that legislation wouldnât have kicked in untilâit wouldnât be this year; it would be at least next year if not the year after. So thatâs not true.
Also, weâve had some people saying that somehow, magically, there was going to be this magic money tree. I know that some local body members think that this magic money tree somehow was going to pay for water. Well, it wasnât. All that was going to happen is it was going to be transferred from ratepayers to water consumers, who, by and large, are the same people. That would have at least meant renters were paying directly for those services, potentially.
Weâve also heard from Kieran McAnulty that 80 percent of the rates goes on water and transport. I can tell you, certainly in the urban areas, itâs nowhere near that. I was looking for the rates bill to see if I could actually find the numbers, but I think it wouldnât be a lot more than 50.
That legislation also appropriated council assetsâappropriated them. They were assets built up by ratepayers over a century and a half, and, essentially, with no meaningful consultation. Remember it started out as something councils could opt into. Then it was like, âUh, youâre going to have to opt out, because weâd really like you all to be in there.â And then itâs like, âYouâre going inâyouâre going in.â What sort of an approach is that? And some brave councilsâand weâve already had my friend Cameron Luxton saying, you know, brave mayors who took on the Government on this, and some of them took the Government to court, and the court said this was appropriation without compensation. In most cases, you would regard that as âtheftââis the word that you would use. And itâs another example that sometimes we need protection from our own Governments.
It also created the co-governance model. The co-governance model created two different classes of citizens. I know that some people have said that, as a result of that legislation and that other legislation, they did not even feel like they were New Zealanders anymore, and that is terrible. People have said that to me.
It also set up a complex form of governance that couldnât possibly be effective and efficient. And it reached so far down into the small rural communities, and said, âLook, we want to appropriate, effectively, your small rural scheme.â Even, at one stage, two houses together was a scheme that they wanted to take over.
The other thing was it was always far, far too expensive. Right from the beginning, it looked like it was a gold-plated scheme. It was a gold-plated scheme. The numbers that have been talked about thereâthe $180 billion to $185 billionâIâm confident, as a result of the three stages that we are going through, that it will be well, well south of that; much, much cheaper to deliver the water services.
The other thing I wanted to comment on, because it came up also in the committee of the whole House, was the concern about the scrapping thatâs been done of the Future for Local Government Review. Remember that? The Future for Local Government Reviewâletâs be very, very clear. That was an afterthought from the previous Governmentâan afterthought from the previous Governmentâonly in response to local government, only because local government was saying, âHey, youâre taking the water away. Youâre taking away the Resource Management Act responsibility. So what are we going to be doing?â For many local authorities, that was an existential threat. Letâs just be clear about that. The other thing that review, of course, did is it focused only on what local government did. And some of us actually asked at the time, âActually, could you focus on all forms of public service and say what fits where best? Whatâs best at central, regional, local, or even community level?â
What does this bill do? Well, it sorts out the borrowing issues for Watercare in Auckland. It leaves much more control with councils to sort out the structures, the financing, the service delivery, and some of the standards, and that matters. Weâve had some of our communities say that they, for example, donât want chlorine in their water. Those kinds of things do matter to people. What stormwater levels do they want? Are we looking at a one-in-20-year flood, a one-in-100-year flood, a one-in-500-year flood? Those things matter. What about the receding water quality in waterways? Those things matter as well.
During the committee of the whole House, it also makes it easier to set up council-controlled organisations, alone or together. During the committee of the whole House, we heard concerns about that being only one consultation process rather than two. All I would say is, just make it authentic. Thatâs the key bitâto make it an authentic processâbecause Iâve seen a lot of tick-box consultation in the past and that does nothing for anybody. It doesnât matter whether you do it once, twice, or 10 times; it is still a waste of time.
Then it requires a water service delivery plan. Have a look at whatâs in the bill, because what is not to like about those things. A description of the current state of the water services networkâsounds sensible. A description of the current levels of water services providedâthat sounds very sensible as well. Iâm not going to go through all of them. The financial projections, a description of the asset management approachâboy, thatâs one I like; I like asset management. An explanation of how the revenue from and delivery of water services will be separatedâall of those things are really, really important. It gives a lot more transparency than weâve got at the moment, because, at the moment, we donât have that level of transparency.
I want to come back to those water standards. The bill also includesâand weâve already had that referenceâthe removing of Te Mana o te Wai. Now, Te Mana o te Wai sounded really, really good, because you want to look after the water. You want high-quality water. I had a regional councillorânot from this region, but a regional councillorâtell me the other day that theyâre aiming for drinking-water quality standard in all of their rivers. Iâd just like you to understand that thinking and whether thatâs even possibleâwhether thatâs even possibleâand if you did, what you would have to do. That seemed just completely nuts. So there are concerns there.
The problem with Te Mana o te Wai is youâve got three levels there, and what Iâve seen in resource management processes is that itâs only the top one that counts. For many decision makers, itâs only the top one that counts. And so the ones behind itâthe health needs of people and then the ability of people and communities to provide for our social, economic, and cultural wellbeingâthose things are subjugated to Te Mana o te Wai. Thatâs why that has come out.
Now, Iâve talked about asset management. Some people argue that councils havenât done a good job of managing assets, and, actually, I think itâs fairâI think itâs fair. But I think that central government needs to be very careful that it is not in a glasshouse when it is throwing stones, because, for many parts of the central government asset portfolio, if you like, there is no asset management plan. And we lurch from crisis to crisis, saying, âOh, goodness me! Thereâs a hospital that needs fixing because itâs got mould all over the place. There are schools which are falling down.ââyou know, those things. And how do we do it? We cash fund them. I think central government should not be the pot calling the kettle black and needs to get its own house in order of that, and thatâs something which we ought to be thinking very carefully about.
Now, if there was a real concern about underfundingâthat thing of renewals versus depreciationâI ask a question: that was going on for years in every council around the country, and I know I was a part of a council that was doing it as well. I asked a question at the Governance and Administration Committee, saying to the Office of the Auditor-General (OAG), âWell, how many big red flags did you raise?â Cricketsânot many. I would say to the OAG, in this process, and also to the Commerce Commission in this process, be waving big, big red flags, if you think there is a concern about the asset management, the way in which those important assets are being looked after.
Just to finish off with, this bill, to me, makes water delivery and investment much, much more transparent than it has ever been before, and that is a really good thing. It puts greater oversight there. The Commerce Commission will be involved, and I think thatâs something that will be very interesting for councils to be exposed to. It allows the Government appointed assistance in developing water plans when necessary.
Can I just, actually, also add one other thing? We had a lot about the cost of delivery. Now, obviously, the changes around Te Mana o te Wai are going to make a difference there. The other one is the changes that are made outside of the water system to things like temporary traffic management. And you might go, âWhat the heckâs that going to do with it?â Iâve had chief executives of councils saying that 40 percentâIâve said this in the House beforeâof the cost of every piece of work on the roads is traffic management. If you can halve that, you can go back and have a bit of a think about that and say, âWell, thatâs going to really reduce the cost of delivering our water services.â Those things are really, really important.
So, look, I am really confident that the reforms through this bill and the forthcoming legislation will make the delivery of the three waters more reliable, more robust. It will still give us good quality systems. It will be done locally and it will be done for much, much less than the previous Governmentâs system. I commend this bill to the House.
This is a five-minute split call.
TÄnÄ koe e te PÄŤka. TÄnÄ tÄtou. E tĹŤ ana ahau ki te waha i ngÄ kĹrero a Te PÄti MÄori mĹ tÄnei o ngÄ pire e hÄngai pĹŤ ana ki te wai MÄori.
Hei tÄŤmatanga kĹrero mÄku, ko te kÄŤ atu ki tÄnei Whare me te iwi katoa o Aotearoa, nĹ te MÄori te wai. NĹ te MÄori te wai i te tÄŤmatanga, Ä, kÄore e kore nĹ te MÄori te wai hei te whakamutunga.
NĹ reira ka tahuri au ki te reo tÄhae whenua, tÄhae wai, tÄhae tamariki e mÄrama pĹŤ nei te katoa ki Änei o ngÄ kĹrero.
[Thank you, Mr Speaker. Greetings to us all. I stand to give voice to the statements of the MÄori Party for this particular bill that is directly related to fresh water.
For my opening comments, I would like to say to this House and all people of Aotearoa, water belongs to MÄori. Water belonged to MÄori in the beginning, and, without a doubt, water will belong to MÄori at the end.
And so I will now turn to the language of land theft, water theft, child theft so that everyone will understand these statements.]
Let me just turn to English so everyone gets the rest of the speech. MÄori have a very clear right to water. This bill doesnât recognise it; many bills havenât. Thereâve been previous attempts to try and recognise MÄori rights in water. Many people have spoken about it. I see itâs continuing to be debated in this House and new laws are being made as we speak, and these laws aim to take those rights away from MÄori.
Let me just get way back to how MÄori view the water. Thereâs a great saying that encapsulates this idea, and it comes from a place called Te KÄhui Maunga, all the way down the Whanganui to where it meets the sea. The saying goes, âmai i Te KÄhui Maunga ki Tangaroa, ko au te awa, ko te awa ko auâ. [from the Mountain Clan to the sea, I am the river, the river is meâ.]
Loosely translated, it means: from the gathering of mountains, all the way down to the lapping of the ocean, I am the river and the river is me. Itâs a famous quote from Whanganui. It encapsulates not only MÄori rights to water but the MÄori ethos and thinking and philosophy around water, which is an idea called mauri ora, and itâs what Te Mana o te Wai, te Taumata Arowai, Te Tai Kaha, and many other initiatives that have aimed to preserve the quality of our water have been based on.
But, here we go, in this House, weâll just forget all of that stuff and weâll worry about legislation that gets water from one place to another, and see some crowd control it, and some other crowd not. There are a couple of examples that I would likeâ
ASSISTANT SPEAKER (Greg OâConnor): Thatâs good, Mr Ferris, because letâs concentrate on the bill, nowâthatâs some good context.
TÄKUTA FERRIS: Iâm completely talking about the bill, as far as Iâm concerned. There are two parts to the billâ
Hon Simon Watts: Itâs the third reading, mate.
TÄKUTA FERRIS: Yeah, OKâOK. Kia ora. Well, back to the conversation. MÄori rights continue to be stripped out, and the loss of Te Mana o te Wai, Te Tai Kaha, and te Taumata Arowai are a continuation of that. Whilst the discussion may be around local ownership and infrastructure and how that gets paid for at the end of the dayâI just reflect on the submissions that we heard through the MÄori wards legislation, whether they stay or not.
The resounding support from the local mayors and CEOs of the country, who actually prefer to have MÄori at the table becauseâÄe, Äe. MÄori are a long-term financial partner in the local regions of this country. And when it comes to delivery of water and, when we get down to it, the fight for who owns water, they would be better off having those MÄori around their tables instead of talking to them across the courtroom. Many of them talked about that, and the long-term view is that MÄori assets, MÄori capital, and MÄori people are more committed to their regions and more likely to leave their investments in those regions, which could be a helpful thing when you think about paying for long-term water solutions. But letâs not worry about that. So where to goâwhere to go?
ASSISTANT SPEAKER (Greg OâConnor): To the billâto the bill.
TÄKUTA FERRIS: You know, water seems toâthe bill. Oh yeah, Iâm still talking about the bill. Iâm still talking about the bill.
Steve Abel: Point of order, Mr Speaker. A large part of the bill is explicitly to do with Te Mana o Te Wai and to ensure there is no co-governance of our water systemâitâs getting rid of the three waters legislation. I believe the speaker is speaking directly to the bill, in the subject matter, and I take issue with you suggesting that he is not speaking to the bill.
ASSISTANT SPEAKER (Greg OâConnor): Sit down, Mr Abel. That is a decision for the Chair. Carry on.
TÄKUTA FERRIS: Happy to continue.
ASSISTANT SPEAKER (Greg OâConnor): Restart the clock from when the point of order was taken, please.
TÄKUTA FERRIS: Kia ora. Kia ora tÄtou. Kia ora, kia ora tÄtou. Ka hoki nei ki ngÄ kĹrero. MÄnÄ kua meinga Änei kĹrero katoa ki te reo MÄori, kua kore tÄtahi e whakauru i Ĺna whakaaro ki Änei kĹrero, but ka hoki au ki te reo PÄkehÄ.Â
[Thank you, hello to everyone. I will resume my speech. If all of these comments were made in the MÄori language, no one would interject their opinions into these comments, but I will return to English.]Â
Context is key, and, without a doubt, getting MÄori concepts across in this House is quite a challenge when this House expects all of the conversation to be conducted down one lane. Well, thereâs two lanes in this House, but the MÄori lane is often just, you know, never given its rightful place. But I will persist; weâll persist with that.
So let me get back to the bill and its aspiration to deliver good quality drinking water. And we all know that this comes down to a poor water event that happened in Havelock North a little while ago. But, at the same timeâat the same timeâthere were kuia in places like PÄnguruâ
ASSISTANT SPEAKER (Greg OâConnor): The memberâs time has expired.
Thank you, Mr Speaker. Iâd like to speak to the Local Government (Water Services Preliminary Arrangements) Bill at its third reading. This is the bumper sticker of this Government. Itâs a bumper-sticker law that they speak so much about, and it involves kicking the can of contaminated drinking water, broken old pipes, and sewage on beaches down the road.
It is my prediction that there will be two obvious consequences from this legislation. Your drinking water will become lower qualityâthis is the membersâ, not yours personally, Mr Speaker, but yours too, possibly. The publicâs water will become lower quality. Rivers will become more polluted and sewage will keep contaminating our oceans and our beaches. That is the first thing that is likely to happen as a consequence of this legislation.
The alternative to that is that conscientious councils will invest to fix the water infrastructure that is so desperately lacking in investment, and the rates will go up, as my other colleague on this side of the House, Kieran McAnulty, pointed out. The rates will go up, and those councils whoâve done the right thing will be punished by their electorate and blamed for the failure of central government to take responsibility for fixing the long-term infrastructure of our water. And that silly slogan, âStop three watersââas if itâs a good idea to stop drinking water and stop waste water and stop stormwater, but thatâs essentially what this bill will have some effect on doing. It will stop the proper investment in that fundamental infrastructure.
That slogan was closely associated with another slogan during the election campaign: âStop co-governanceâ, which the previous speaker, TÄkuta Ferris, was speaking to directly. That was the classic anti-iwi, anti-MÄori, race-baiting, fear-mongering basis on which this Government won its way into Parliament, and itâs a scurrilous undermining of our fundamental obligations as a nation to uphold the rights of iwi and hapĹŤ to the exercise of their rangatiratanga, including in regard to fresh water.
Now, it is rare for there to be a visionary insight to come into the formulation of our legislation and our law, but one of those visionary insights was Te Mana o Te Wai. Te Mana o Te Wai is a concept from te ao MÄori which grapples with how we approach the hierarchy of obligations in regard to water, and it recognises the primordial truth that water is the source of life. Water is where life began. I remember my colleague opposite, Ryan Hamilton, when I mentioned that Iâd take it back to the beginning, and he said, âWhat, Genesis?â. I said, âYes, letâs talk about Genesis, because youâll remember in the second verse of Genesis that exquisite language about the spirit of God moving across the face of the deep.â Before even there was the creation of light, there was the interaction of the Creator with water. Life began in waterâthis is where science and religion agree. Life began in water.
It turns out that perhaps the most sensible way to deal with what we prioritise in water is to put the hierarchy of prioritising the health and the wellbeing of the water itself first. Out of that prioritisation of water itself, you will find also that drinking water will be better off. Then you will find also the other uses our society wants to make of water will be better met.
Te Mana o Te Wai has a primordial genius to it, and this Government doesnât like anything that is wise or deep or thoughtful or has foresight thatâs going to soothe the interests of the future. There is wisdom in it, and thatâs the sort of thing that we would like to see in a legislative framework. You can, in a sense, judge a society by the way it treats its freshwater, and this Government is sending our freshwater into a worse place with this legislation, because it fails to actually take care of that fundamental necessity of life, not just for us as humans but life for all thingsâthe thing where, indeed, life began.
We will be opposing this bill. We expect to see drinking water getting worse. As my colleague also pointed out, this whole concept of dealing with a new structure for water came out of the sickness and death that occurred in the Hawkeâs Bay around water contamination. I expect, sadly, that over the coming years, as a result of this Government, weâre going to see more of that.
Thank you, Mr Speaker. Itâs a great pleasure to speak on the Local Government (Water Services Preliminary Arrangements) Bill. The irony that has just gone before in the previous two speeches had to be something to behold. Actually, to the MÄori Party speaker on MÄori rights and relationships with water, every culture has had a relationship with water; it is not unique to anyone else. Actually, weâre a country of New Zealanders. Itâs not a two-lane Parliament; itâs a multi-lane Parliament. Itâs a 123-lane Parliament at the moment. We all have our rights and we have responsibilities when it comes to water and all things in New Zealand, and I think to say otherwise is to be actually quite one-track. I wonât go any further than that. Actually, I think itâs disrespectful to everyone else in this House.
On top of that, we had Lan Pham from the Green Party, for a start, who said weâve got to get away from this âWhatâs in it for me?â mentality on these water services bills. Well, Iâll take the member back to August 2023 when the Green Party had voted against the first two readings and in the committee of the whole House stage on the previous Governmentâs three waters legislation. They said, âWhatâs in it for me?â When they got what they wanted, they voted for it. So I just remind you, be very careful what you say in this House.
Then we got quite back to Genesis with Steve Abel. I like that. That was a good analogy, Steve. I appreciate that, but I donât agree with his conclusions, Iâd have to say. Ultimately, this bill is about common sense. Actually, just to my right, the Hon Simon Watts here, the genesis of Local Water Done Well sits right there with that man. He came up with this great plan to bring good sense to this argument, to this actual issue, and do away with co-governance. Stop Three Waters was actually a gift to everyone against the Government. It was a real lightning rod for opposition to the Government. Why? Because people care deeply about things that they contributed to, they made. The local water assets were theirs and they were going to be taken away from them, and thatâs why it was such a contentious issue. It was very simple at its base as to what drove that opposition.
I had people in my office really upset about this, whoâve never ever taken a position on anything political in their lives, but that was an absolute border line for them. The reason that the Government kept it going for, I do not know. Anything that starts out with a premise of centralising, Iâm always deeply suspicious of. It usually ends up costing a lot more. It will be run a lot more poorly than it would be otherwise, and thatâs what we saw. How could you possibly spend $1.2 billion on a policy, and that was all it was? I think itâs unbelievable, but they deserve a gold medal for bad work on that, and by a very large margin.
This brings control of local water back to locals. It allows for collaboration, and Iâve got five councils in my electorate, and I know theyâre already actively talking about collaboration where it suits them, and thatâs what it should beâup to them if they want to do it; others donât.
I think last week really topped it all off: Local Government New Zealand having their great get-together in Wellington, all talking about how wonderful they are, and then the water pipes in Wellington burst right outside a very expensive ânice-to-haveâ where depreciation money that could and should have been spent on assets went to a ânice-to-haveâ edifice for the council rather than being spent on maintaining the pipes and the infrastructure. This policy will make sure that money thatâs taken from those assets by way of use charges goes back to those assets and not to anything else. So with great pleasure, I commend this bill to the House.
It is my pleasure to take a call in this third reading. Much has been said. I think itâs pretty clear that Labour (a) opposes, and (b) why it is that we cannot support this bill. What we heard from the speaker that has just taken his seat, Stuart Smith, I think exemplifies so much that the Government has got wrong with this piece of legislation. We heard this greatâI wouldnât say great speechâwe heard some words from the member thatâs just taken his seat about how this represented giving back the power to locals and community decision making and doing away with centralisation.
I think if members actually read this billâand something that has been traversed at every stage of this legislationâwe can see that there is lots of mandatory consultation contained in this legislation, but none of it is directed at communities having a say in the development and the preparation of their local plans. There can be a whole lot of talk about localism, but when it comes to putting pen to paper and drafting legislation, what we see is a Government that will retain the whip hand when it comes to the preparation and delivery of these water plans. Ministers can appoint Crown facilitators to councils that donât toe the line, and I think we need to be very clear on that: this is not doing what members taking calls are purporting to do.
Weâve also heard a great deal from the member that sat down about what happened at the local government conference where we saw the Prime Minister turn up and berate councils about only spending on nice-to-haves at a time when this Government is imposing a regime on to councils that will only cause rates to rise. I think thatâs something that every New Zealander needs to understand: the fact that ratepayers are going to bear the burden of these reforms through their rates. When they see those rates rises, think about the fact that this is a Government that scrapped three waters.
What we have not heard from Ministersâand theyâve been pressed, but they have not been able to give an answer since the announcements were madeâis there was no clear answer on what the credit rating agencies thought about the plan and whether there is enough balance sheet separation. So much of what is in this legislation comes down to that fundamental question: the $185 billion that is estimated that is required around the country to upgrade our waters infrastructure; the Ministers cannot give clear answers on whether or not the rating agencies see enough separation there in terms of their lending.
Iâm only taking a short call here, but I do want to finish with: I think that the contribution that we heard from the member talking about co-governance and criticising the contribution another member has given in the House around that really shows the attitude of this Government. It fails to understand that in the course of delivering this, there has to be that fundamental Te Tiriti partnership. It is the basis of how we must approach so much of this and that we must do this in the spirit of partnership, not the kind of contribution we saw from the member Stuart Smith, who has just taken his seat. Thank you, Mr Speaker.
Look, I rise in support of the Local Government (Water Services Preliminary Arrangements) Bill because this is a momentous day for water infrastructure in New Zealand. It took the last Government six years and $1.2 billion to come up with an undemocratic, highly controversial, co-governance, three waters structure for our water infrastructure in New Zealand, with nothing to show for itâjust a whole lot of wasteful spending, centralisation, bureaucracy, and no practical solutions.
As the member on the other side of the HouseâSteve Abelâearlier pointed out about the slogan âStop three watersâ, which, yes, we saw all across the country for the last couple of years because people across the country didnât agree with the undemocratic, co-governance model. Itâs taken this Government just 10 monthsâjust 10 monthsâto put a popular, democratic solution in place, and put water infrastructure in this country back into local ownership. Local democracy: a popular, popular policy.
Councils and people around the country are supportive of this local ownership and control, as we heard from many, many submissions to the Finance and Expenditure Committee. Iâd actually just like to congratulate a lot of those councils and mayors that came forth to support our Local Water Done Well.
Look, I am from Havelock North, where we saw the water crisis in 2016. So I would just like to acknowledge that, because it has been acknowledged here in the House tonight. I would just like to acknowledge the families and the people who were impacted, because lives were lost and thousands of people did get sick, including a few of my own family members back in 2016. Everybody in Hawkeâs Bay knows somebody who was impacted by the Havelock North water crisis. Our whole community, literally, felt like we were being poisoned. For days we were drinking contaminated water and thousands did get sick. This was not OK. Our Hastings District Council was in charge of drinking water, but people died, and we did not have safe drinking water.
We know that we must do more to ensure that our water infrastructure delivers safe water across New Zealand, but centralising our water assets and putting it in undemocratic ownership is not the answer. We must keep it in local ownership and work harder across the country, as local councils, to ensure that we have safe drinking water. And working harder at councils to ensure we have safe drinking water is really important.
Look, I would just like to acknowledge our Hawkeâs Bay councils, because in Hastings the council has spent over $100 million on a state-of-the-art water treatment facility. Waiaroha attracts thousands of people every year to come and have a look at how we treat water in Hastings. It is quite incredible and it is amazing. Itâs actually the first of its kind in New Zealandâin the Southern Hemisphere, I understand. It actually was just recognised for an award recently in June where it gained national recognition. And the reason I talk about this is because this is a huge investment that has already been made in Hastings and in Hawkeâs Bay.
I will just mention that our Hawkeâs Bay councils actually were very, very supportive of our water done well policies, because theyâve expressed support for water infrastructure staying in local ownership and local control. I would just like to congratulate those Hawkeâs Bay councilsâthe Central Hawkeâs Bay District Council, the Hastings District Council, the Wairoa District Council, and the Napier City Councilâbecause they have all jointly got together, theyâve collaboratively put together a proposal in terms of how they can see water infrastructure working really well and being able to deliver it well for ratepayers across the Hawkeâs Bay and East Coast area.
Councils need to get back to basics. We heard this very loud and clearâas weâve already spoken about in the House tonightâfrom our Prime Minister last week, where he said, âWe need our councils to get back to basics in New Zealand.â That is fixing the pipes, itâs filling in potholes, and itâs maintaining local assets effectively and efficiently. Nothing in life is free. You expect your rates to pay for this kind of stuff, but at the moment we are seeing a lot of pet projects, nice-to-haves, and a lot of spendingâdistractions and experiments that are plaguing councilâs balance sheets across the country.
Thatâs why our Government, as weâve already spoken aboutâ[Interruption] No, Iâm coming back to why this is very important for water infrastructure because water infrastructure, of course, is a number one priority for councils where they do need to get back to those basics. So some of those announcements last week included making changes to the Local Government Act to restore councilâs focus on local services and infrastructure and investigating performance benchmarksâyes, performance benchmarks. That may be something that the other side of the House hasnât heard much of or can relate to, because it should be about setting performance benchmarks and targets so we can deliver results and be outcome-driven and have practical solutions, which is what weâre very focused on, on this side of the House.
Ingrid Leary: Great slogans. What do they mean?
CATHERINE WEDD: And investigating options to limit councils from spending ratepayerâs money on pet projects and nice-to-haves. Getting away from that kind of ideology and reviewing the transparency and accountability, which is what we do on this side of the House, looking at transparency and accountability and democratic decision-making for our ratepayers and our taxpayers across this country.
Weâre stopping wasteful spending. Shifting money from the back office to the front lines; setting clear delivery targets. Yes, we talk about delivery targets and expectations and prioritising what we do and letting Kiwis keep more of what they earn. These are all the types of things that get us back to basics, get us focusing on the core things that will actually make a difference in this country. That is why we have expressed that message to councils, like we have to our Government agencies as well, that we need to go line by line, stop the wasteful spending, remove the bureaucracy, focus on better customer service and delivering for our ratepayers, and end the projects that arenât delivering value for money. Yes, value for money. Now thereâs a slogan, to that member on the other side of the House. Thatâs what we need to be thinking about.
Actually, I was just at an event tonight, and I spoke to a councillor, actually, who came up to me and she said, âOh, it was great what your Prime Minister delivered last week, talking about councils getting back to basics and measuring results.â, because she said, âLook, now we can sit around the council table, and we can say, âLook, thatâs what the Governmentâs doing. Thatâs what theyâre saying and thatâs what we need to do.â We need to focus on what really matters and delivering for our ratepayers.â
Coming back to our water infrastructureâbecause that is where councils need to be putting a lot of focusâit was great through the submission process because we did hear from a lot of councils across the country. Of course, some are very progressive in this space, where theyâve already got together and theyâre collaboratively putting together plans, like Iâve already talked about with Hawkeâs Bay, where theyâve got their Local Water Done Well plan. Theyâre already collaborating together to ensure that we can deliver better water infrastructure across Hawkeâs Bay. Water is a big issue for Hawkeâs Bay because, of course, weâre a growing region and we rely heavily on our water. Currently, we have seen the allocations across the Heretaunga Plains being significantly decreased and, of course, this has huge wider ramifications for our region in terms of being able to grow what we grow, but also drive more productivity.
Water is certainly an issue that is very front of mind for us all, and that is why our Local Water Done Well is going to deliver for New Zealand. It is the democratic localism that we need right now.
Thank you, Madam Speaker. Now, we all know that thereâs been a problem in New Zealand with investing in infrastructure, and weâve had this for some time. Itâs been particularly difficult for small councils who have had maybe a lot of growth, havenât had the financial mechanisms to charge for that growth, and have ended up with pipes and treatment stations that need upgrading. Weâve heard that there was up to $185 billion of infrastructure needed for three waters around the country; that is a lot of infrastructure. This bill does nothing to fix that problem. It is âhead in the sandâ stuff.
This age-old problem is not dealt with. Instead, we heard from the Minister, during the committee stage, âOh, what this bill does is that itâs bottom-up. Labourâs approach was top-down; this is bottom-up.â All this bill does is make councils do specified reports with a whole lot of requirements around consultation, around levies, and around penalties. Thatâs not solving any problems.
Then, we hear that, well, Auckland is being dealt with specifically. How does that help Northland? We know, of course, that the Northland councils have a lot of deficit in terms of their water infrastructure and might need the help of a larger organisation. Can they get it? Who knows.
Then we hear about Te Mana o te Wai. This was an interesting issue, because, of course, the clause that is being amended in the Water Services Act 2021 does not refer to the Resource Management Act or any policy direction under it that includes the national policy statement for freshwater around Te Mana o te Wai. There is, however, another sectionâsection 14âabout giving effect to Te Mana o te Wai, but that is not the section of the Act that is amended. There was no discussion over the placement of this provision around Te Mana o te Wai in the committee stage. What was interesting was comments made by the Minister for the Environment that why the Government hates Te Mana o te Wai so much and doesnât want it to apply to this water legislation is because councilsâ waste water might not ever be able to be discharged to water; it might always have to be discharged to land. That is not what is in the bill. That was not under discussion anywhere. If that is the issue, it could say that without having to do a âKing Henry VIIIâ clause in relation to this reference to Te Mana o te Wai.
Why are there drinking-water standards in the first place? Well, I suppose, for human health. Weâve heard about what happened in Hawkeâs Bay, and thatâs why we had the water regulator set up, in response to that. Also, there is an issue when you have waste water or stormwater being discharged to our water bodies, to our rivers, to our oceans that there are environmental impacts there, as well, that affect our kai moana and it affects whether or not we can go swimming somewhere. It is important that these matters are addressed. This bill does nothing to help that either.
Weâve heard, as well, about the cost of borrowing; we heard that from the Hon Kieran McAnulty. This bill does nothing to make borrowing cheaper. Councils are left in the lurch by themselves having to updateâand itâs needed to updateâmany pipes and water treatment stations. Theyâre going to have to borrow for this at expensive rates, and that is going to put up everybodyâs rates. This Government chooses, as a central government, to borrow for tax cuts and, at the same time, will make councils borrow more for doing up our pipes, and itâs a disgrace.
Thank you, Madam Speaker. Oh, itâs a shame that the Green Party member has just left, because I was inspired by his Genesisâoh, welcome backâ
DEPUTY SPEAKER: Iâm glad the member didnât mention anybodyâs name, because he canât talk about the absence of a member.
RYAN HAMILTON: Thatâs right. The Genesis that was mentioned made me inspired. I know weâre not talking about title and commencement, but I felt like saying, âLet there be light.â Local Water Done Wellâitâs such a good name, itâs refreshing. Or perhaps we could call this âPart 2 of the Holy Water Trilogyâ.
Another member mentioned earlier the appropriation without compensation. Obviously, this is very much compensating with appropriation, but it was interesting that three waters was nicknamed âAppropriation Without Compensationâ. Perhaps it was a glass half empty? We could call it a glass half full, or perhaps two-thirds full, being that this is two-thirds of the way through this bill.
Itâs interesting that just for a little bit of context, when we think back about three waters for some context, we were talking about entity A and entity B, which had 24 councils in it. I mentioned that Hamilton City Council had $2 billion worth of assets and another council had $50 million worth of assetsâa 40 times - scale comparisonâand yet they each had one vote. I donât know quite where the equity fell into that piece of legislation. It was quite ironic.
The previous Government talked about harmonisation, and that was the way that they did it. They averaged out the cost across those that could and those that couldnât.
The Local Government New Zealand submission was very interesting, and I looked at that. They called it geographic averaging. I donât know whether we could call it thatâlocal government socialism would be another way to look at itâbut they called it geographic averaging. If I quote from their submission, they said, âCouncils have expressed concern that geographic averaging of water services charges may create new inequities. For example, should residential consumers in a metropolitan area (who benefit from the cost efficiencies gained by operating at scale in a defined location) share in the ⌠higher costs involved in delivering a similar level of service to rural and provincial residential customers?â Even they challenged that very thing.
Really, it doesnât have to be that complex. Itâs about simple things like being collaborative. If you need help, we can provide it. The Minister has kindly offered the Department of Internal Affairsâ assistance in guiding councils, should they require that. Be financially sustainable, further augmented by ring-fencing for greater transparencyâand, again, the member that just spoke has left the room. They talked about how rates are going to go up and said that we donât have a solution for it, and yet weâve approved the model in Auckland, where they were proposing a 26 percent rates increase, and weâve got it down to a 7 percent rates increase. What was the manipulation we used? Itâs called debt-to-revenue ratio, and weâve incorporated it in this new legislation. Itâs a 500 percent debt-to-revenue ratio, which meansâto her other pointâyou can borrow more over a greater period of time, which reflects the intergenerational asset value, and itâs shared over a greater period of time.
Itâs not rocket science; itâs a bit like a mortgage. You take it out over a long period of time. Rather than trying to fit it into councilsâ 10-year plans, weâd take it out over a 30-year plan, which is not too dissimilar to what weâre trying to do with infrastructure funding and financing to get infrastructure away in this country. Itâs not rocket science, but weâre on to it.
Letâs talk about the Better Off funding. Another previous speaker that came and has now left the roomâI donât know where theyâre all going. But Better Off funding: the previous Government said that no council would be worse offâ
DEPUTY SPEAKER: Donât keep referring to the people that are not here. Thereâs still plenty of people here. Carry on.
RYAN HAMILTON: Theyâre all leaving. Theyâre all leaving, and Iâve got something really special for them. The previous Government said that no council would be worse offâBetter Off fundingâbut they didnât constrain councils to spend it on water infrastructure. It was a slush fund and it went to all sorts of things, and you can have a look on the website and look at the Crown infrastructureâs deployment of that.
None the less, Madam Speaker, I want to end on a high because Iâm quite inspired by this transitory bill. Iâve created a little poem, and I hope youâll approve:
Stop, collaborate, and listen,
get it right so that your river glistens.
Three watersâdoes that ring a bell? Shiver!
Better now as Local Water Done Well.
The community spoke and flatly refused,
âThereâs a better way for unwanted poos.â
Entity A and entity B,
Locals said, âJust leave it to me.â
Itâs about infrastructure, compliance,
not pushing ahead in total defiance.
Localismâlet communities choose.
The Government hears all your views.
So, Madam Speaker, now I say,
I commend this bill; itâs on its way.
I have to say that so much of what is said on the other side is full of sound, fury, and slogans but signifies nothing. The Government seems to think that body count mattersâthe number of people in the Houseâbut what actually matters is serious contributions to the debate, and these have been serious contributions to the debate on this side of the House.
I want to pick up on two things that have been said by previous speakers. The first was by the Minister, the Hon Simeon Brown, when he opened and he said that the previous Governmentâs legislation had been deeply unpopular. Iâll tell you what will be unpopular, and that will be the rates bills that are going to start arriving in peopleâs letterboxes, with the dramatically increased rates in order to pay for water services infrastructure. That will be unpopular, and it will be caused by that Government. It is caused because they have totally underestimated the cost of water services infrastructure in this country. It will cost $185 billion over the next 30 years. When we were in Government, we actually had a plan to deal with that.
The speaker immediately prior to me, Ryan Hamilton, was talking about how the problem had been solved for Auckland Council by tweaking the debt ratio. Thatâs a Government that spends a lot of time telling us how bad debt is, how itâs appalling that we have Government debt, but suddenly itâs OK for local bodies to have a lot of debt? Letâs remind them of something: central government pays interest costs at a lower rate, because it typically has a higher credit rating. Local body governments do not enjoy the same credit ratings as central government. The costs of borrowing will be higher for local bodies. What this bill represents is central government shifting a cost that needs to be paid from central government to local government. And, in doing so, it is creating tremendous unfairness for the small councils, for the councils who will be left out in the cold, like Northland, like the Far North, like some of the areas of the country which simply do not have the rating base to pay for water services infrastructure. When the rates bills arrive in those letterboxes, they simply will not be able to pay, and that Government is abandoning them.
I am standing to support the third reading of the Local Government (Water Services Preliminary Arrangements) Bill, and I am actually going to end it on a very positive and future-looking, forward-looking prospect note, because this is about stopping the wasteful spending. This is about stopping the $1.2 billion that the last Government spentâand guess what? The rates still went up. Water rates still went up. It didnât fix anything. In fact, $1.2 billion didnât even fix leaking pipes in our country.
What we will be doing is giving decision-making powers back to the local government, back to people, which is precisely how they voted in October. We are going to give the decision powers back to local government, back to people who know how things work on the ground. By unlocking this potential, by financially separating, for exampleâtaking an example of Auckland City; most populated, the largest city in New ZealandâWatercare, it can actually take on additional finances to fund water infrastructure and unlock future capacity for other infrastructure.
I am so proud to be speaking on this bill as the last speaker and to actually end it on a positive, forward-lookingâcanât wait to see this happening on the ground for New Zealanders, for Aucklanders, and for all of our ratepayers. I commend this bill to the House.