Appendix B: Terms of reference for board of inquiry on the proposed National Policy Statement for freshwater management

Establishment of a Board of Inquiry

Pursuant to section 46A(1)(a) of the Resource Management Act 1991 (RMA), the Minister has chosen to use the process set out in sections 47 to 52 of the RMA to advance the proposed NPS. The Minister has appointed the Board of Inquiry (the Board), with the agreement of the Cabinet.

Role of the Board

The Board, in accordance with sections 48 to 51 of the RMA, is to:

1. inquire into the proposed NPS;
2. consider all submissions duly made and all the evidence duly given on the proposed NPS;
3. report to the Minister on the contents and subject-matter of the proposed NPS, with any recommendation the Board has about amendments to the content of the proposed NPS so that it will more fully serve the purpose of the RMA and of this proposed NPS.

The process

1. The Board is to give the public adequate time and opportunity to make written submissions on the content and subject-matter of the proposed NPS.
2. The Board is to consider the most appropriate method to engage with tangata whenua.
3. The Board is to publish the written submissions duly made.
4. The Board may provide opportunity for the making of further submissions in response.
5. The Board is to sit in public when hearing submissions and evidence in support of written submissions and submissions in response.
6. The Board may invite and consider further submissions on amendments to the proposed NPS prior to completing its report and recommendations.

Matters to be explicitly addressed

The Board shall provide, in its report:

• recommendations on the wording of the proposed NPS, including the objectives and policies;
• recommendations on how councils should give effect to the proposed NPS pursuant to section 55;
• reasons for the content of its report and recommendations.

The report and recommendations may also address:

• the internal consistency of the proposed NPS as a whole, and ways to address any potential inconsistencies;
• the level of certainty or clarity provided by the proposed NPS, and if this is inadequate, ways to improve it;
• the removal or further refinement of issues, objectives and policies where this is appropriate for achieving the policy approach of the proposed NPS;
• the identification of any unintended or unforeseen, but likely outcomes of the proposed NPS, and ways to address these;
• whether or not some of the changes needed to regional policy statements, district or regional plans would be best achieved via direct insertion into the regional policy statements or plans pursuant to section 55 (2A) (b) of the RMA, and if so what those provisions should state.

The Board’s report to the Minister

The Board’s report should be sent to the Minister’s Office as a signed hard copy, and copied to the Secretary for the Environment, as an electronic copy.

Term of inquiry

The inquiry will run from the date of appointment set out in the letters of appointment until the receipt by the Minister of the report and recommendations, under section 51(2) of the RMA.

The Board is invited to report progress on the inquiry to the Minister by 31 May 2009.

Administrative support to the Board

1. The Ministry is to provide the Board with the administrative support and assistance it requires in order to carry out its tasks efficiently and effectively.
2. The Ministry will provide the Board with the following documents for background reference:

• Wai Ora – Report of SWPoA Consultation Hui
• Comments received from iwi authorities and stakeholders during consultation
• Report on the evaluation under Section 32 of the RMA of the proposed NPS.

1. The Ministry is also to provide any other documents that the Board requires to carry out its task.
2. The Ministry is to make a record of the proceedings at public sittings of the Board.