This Supplementary Order Paper amends the Bill to insert a definition for Te Mana o te Wai.

Te Mana o te Wai is a concept included in the National Policy Statement for Freshwater Management 2020 (NPS). It refers to the fundamental importance of water, and recognises that protecting the health of freshwater protects the health and well-being of the wider environment. This is unfortunately vague, is based on amorphous spiritual or moral concepts, and is open to endless litigation and judicial mischief. It is likely that the definition in the current NPS, as it requires the water services entity to quantify essentially spiritual or cultural views, will prove to be unworkable. Further, it means that an Act is effectively subordinate to the regulatory power of the current Government, as its definition is through a National Policy Statement. The proposed clause uses the definition derived from the Food Act 2014 for safety and suitability, to ensure that the definition of Te Mana o te Wai has a reasonable definition.