The Water Services Act And Public Participation–Will The Devil Be In The Detail?

Abstract

The government has instigated a far-reaching reform of freshwater management. The first initiative to be put into law was the establishment of a new water regulator, Taumata Arowai, as part of the response to the Government Inquiry into Havelock North Drinking-Water 2016-2017 (the Inquiry). There is also an ambitious reform agenda to replace the Resource Management Act 1991 (RMA), introduce stronger climate change regulation and reform local government. This paper focuses on one very small piece of the puzzle: drinking water. It takes a critical look at the reforms through the development of the Water Services Act 2021 (WSA) in the context of public participation in decision-making, access to information and access to justice. These form the “Three Pillars” of participatory and procedural rights in international environmental law recognised in the Aarhus Convention.