Minister Chris Bishop has released an amendment to the Resource Management (Consenting and Other System Changes) Amendment Bill, consisting of changes that were never scrutinised by a Select Committee.

"They include sweeping changes to section 70 of the Resource Management Act that will make it easier for polluters to continue damaging our most degraded waterways — and to start degrading clean ones," says ELI's Senior Researcher, Anna Sintenie.

For decades, New Zealand law has set clear bottom lines for water quality — limits on oil slicks, foams, scums, suspended materials, colour changes, odour, farm animal drinking safety, and harm to aquatic life. The new amendments would:

• Allow regional councils to permit ongoing pollution where rivers are already degraded, including where there, conspicuous colour changes, or rendering of water that unsafe for livestock drinking.
• Completely remove the prohibition on discharges that create floatable or suspended materials, enabling councils to allow new pollution even in pristine waters.

“These are not minor tweaks — they are the removal of safeguards that have been in place for decades, and developed over generations,” says Sintenie.

“Where pollution has gone too far, the answer is to fix the pollution, not change the law so it becomes legal.”

Industry lobby groups, including DairyNZ and Federated Farmers, previously asked for these changes during the Select Committee process, and were turned down. The Government is now handing them back these concessions at the eleventh hour, without public scrutiny.

“It is a conspicuous example of how far vested interests are controlling this Government.

“This is not democracy, and it is certainly not law making for the public good.” says Sintenie.

The amendments to section 70 apply to proposed plans notified before, on, or after amendment comes into effect, including plans that are subject of an appeal and or ongoing court proceedings.

ELI has taken a series of legal proceedings tackling what is says is unlawful allowances of nitrogen pollution to freshwater.

“The Government has introduced an amendment that will lock in pollution in some of our dirtiest rivers and open the door to new degradation elsewhere.

"New Zealanders expect their government to protect freshwater, not weaken the rules to appease polluters,” says Sintenie.