NPS-FM Clause 3.10: Identifying attributes and their baseline states, or other criteria for assessing achievement of environmental outcomes

  1. For each value that applies to an FMU or part of an FMU, the regional council:
    1. must use all the relevant attributes identified in Appendix 2A and 2B for the compulsory values listed (except where specifically provided otherwise); and
    2. may identify other attributes for any compulsory value; and
    3. must identify, where practicable, attributes for all other applicable values; and
    4. if attributes cannot be identified for a value, or if attributes are insufficient to assess a value, must identify alternative criteria to assess whether the environmental outcome of the value is being achieved.
  2. Any attribute identified by a regional council under subclause (1)(b) or (c) must be specific and, where practicable, be able to be assessed in numeric terms.
  3. Every regional council must identify the baseline state of each attribute.
  4. Attribute states and baseline states may be expressed in a way that accounts for natural variability and sampling error.

Policy intent

This clause consists of two steps:

  1. identify attributes (or alternative criteria), then
  2. identify the baseline states of each attribute. 

Identify attributes

Compulsory attributes are listed in appendices 2A and 2B of the NPS-FM. However, councils may identify additional attributes for compulsory values, and must identify attributes for all other values where practicable.

Attribute states must be specific and, where possible, assessable in numeric terms. If attributes cannot be identified or are insufficient, councils can use alternative criteria for assessing the achievement of the outcomes.

Council plans must set baseline and target states for all their appendix 2A and relevant appendix 2B attributes. Some attributes also need target nutrient states (see clause 3.13).

The NPS-FM does not identify any attributes for the compulsory value of mahinga kai. Councils and tangata whenua must collaborate to identify the attributes that will represent this and other Māori values at place. 

Identify baseline states

The second step is to identify the baseline state of each attribute.

This crucial step in the NOF cascade sets a benchmark against which councils must either maintain or improve the health and well-being of the water body and freshwater ecosystem.

The box here sets out that the baseline state is the best of the three options.

NPS-FM Clause 1.4: Interpretation

baseline state, in relation to an attribute, means the best state out of the following:

  1. the state of the attribute on the date it is first identified by a regional council under clause 3.10(1)(b) or ( c)
  2. the state of the attribute on the date on which a regional council set a freshwater objective for the attribute under the National Policy Statement for Freshwater Management 2014 (as amended in 2017)
  3. the state of the attribute on 7 September 2017

Some councils may not have monitored the attribute before. They may also have monitored an attribute infrequently, or used a different protocol than specified in the NPS-FM, or only in some FMUs.

If current data is insufficient to ascertain an attribute’s baseline, set the baseline using the best information available at the time. This may include modelling, partial data and local knowledge. Councils may gather new information and data (numeric or narrative) to inform baseline states.

Best practice

Useful attributes

Some potential attributes may be challenging to monitor over time. Others may be less useful when determining limits on resources and flow levels.

Below are features to consider when choosing attributes. They should be simple and practical to monitor and report on:

  • specific and, where practicable, can be converted to numbers (eg, qualitative data translated into a Likert scale as is sometimes used in cultural health indicators)
  • measurable over time, with a robust and repeatable method
  • relevant to specific water bodies and catchments
  • inform understanding achievement of environmental outcomes and long-term visions.

Mahinga kai

Points for tangata whenua, councils and communities to consider.

  • Mahinga kai attributes and TASs should be developed as fully as possible by December 2024, so that they contribute to the determination of limits and action plans. If there is not enough information to assess the value, alternative criteria must be developed. This will mean using the best information available, with a commitment to improve information-gathering on the attribute.
  • Attributes at a smaller spatial scale than an FMU may be appropriate. Some will be most relevant at the hapū or whānau level and should be applied and monitored at this scale.

Natural state

Councils may need to account for the natural state of a water body when expressing baseline and attribute states. For example, some rivers with glacial flour may have naturally higher turbidity than other rivers. Natural state is dependent on the river’s geomorphology, location and other environmental characteristics. A field investigation combined with historical research may be needed.

Alternative criteria

Other criteria may be used to assess achievement of outcomes. This includes cultural health indicators, opportunities and use by the public (eg, is the site being used for swimming?), or other social indicators based on experience, such as a community satisfaction survey.

Determining the baseline state

The baseline state of an attribute may vary across an FMU. For example, water quality may be ‘better’ where the catchment is forested and decline as the river moves downstream into lowland or urban areas. The baseline state should be determined as close as possible to the location where current or future monitoring sites will be located. Baseline states may vary in different locations across an FMU, just as the TAS may vary. This reflects the different values in different locations.