This Amendment Paper inserts new Part 5 into the Local Government (Water Services Preliminary Arrangements) Bill (the Bill).

New Part 5 of the Bill makes 2 amendments to the Water Services Act 2021 (the principal Act).

The first amendment is to insert new subsections (3A) and (3B) into section 138 of the principal Act. Section 138 of the principal Act authorises Taumata Arowai to make wastewater environmental performance standards. Section 14 of the principal Act requires Taumata Arowai, when making those standards, to give effect to Te Mana o te Wai (as that term is defined in that Act) to the extent that it applies. New section 138(3A) and (3B) provides that, when making wastewater environmental performance standards, Taumata Arowai must not have regard to the hierarchy of obligations contained in Te Mana o te Wai.

The second amendment is to insert new section 138A into the principal Act. New section 138A authorises the Governor-General to make an Order in Council to repeal new sections 138(3A) and (3B) and 138A on the recommendation of the Minister responsible for the administration of the principal Act. The Minister may make a recommendation only when the Minister for the Environment recommends either replacing the National Policy Statement for Freshwater Management 2020 (under section 52 of the Resource Management Act 1991) or reviewing, changing, or revoking that national policy statement (under section 53(1) of the Resource Management Act 1991).