Three Waters Reform Programme IPWEA Webinar 24 March 2021 - www.dia.govt.nz/Three-Waters-Reform-Programme

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Three Waters Reform Programme IPWEA Webinar 24 March 2021 - www.dia.govt.nz/Three-Waters-Reform-Programme
Three Waters Reform Programme

           IPWEA Webinar
           24 March 2021

   www.dia.govt.nz/Three-Waters-Reform-Programme
              threewaters@dia.govt.nz
Three Waters Reform Programme IPWEA Webinar 24 March 2021 - www.dia.govt.nz/Three-Waters-Reform-Programme
Welcome house keeping
     •      All attendees will be on mute throughout the session.

     •      Should you have any questions please send these through the Q&A function
            and we will address them at the end of the presentation with the time
            remaining.

     •      Please note this session will be recorded so should you wish to ask a
            question verbally your username and video will be recorded.

     •      Kindly select to “All Panelists” when you are posting your questions.

Three Waters Reform Programme                NOT GOVERNMENT POLICY                     2
Three Waters Reform Programme IPWEA Webinar 24 March 2021 - www.dia.govt.nz/Three-Waters-Reform-Programme
Agenda
     • Reform programme overview

     • Key reform questions

     • Establishment and transition

     • Timeline for the reform programme

     • Next steps

Three Waters Reform Programme          NOT GOVERNMENT POLICY   3
Three Waters Reform Programme IPWEA Webinar 24 March 2021 - www.dia.govt.nz/Three-Waters-Reform-Programme
Background
                                                                                                             Central/Local
                                                                                                             Government
                                                                                                                Forum
                                                                          COVID-19                           28 May 2020
                                        Decision to                      outbreak and
                                      create Taumata                       response
   Government                           Arowai, new
   Inquiry into                        water services
  Havelock North                         regulator
  Drinking Water                                                                                                      Central and local government
                                                                                                                      agree partnership approach to
                                                                                                                      progress three waters services
                                                                                  Central and local                   delivery reform, in conjunction
                                                                                  government work                     with infrastructure investment
                                                  Central government              together to respond to              package – formation of joint
                                                  progresses three waters         COVID-19, to support                Steering Committee. Both
               Three Waters Review set            regulatory reforms, and         delivery of essential               parties recognise the importance
               up to address the                  agrees to support voluntary     services to communities.            of Te Mana o Te Wai, and
               challenges facing the              changes to service delivery                                         involvement of the Treaty
               regulation and delivery of         arrangements.                                                       partner in these discussions.
               three waters services.

Three Waters Reform Programme                           NOT GOVERNMENT POLICY                                                                            4
Quick overview
     •    67 Territorial Authorities and Unitary Authorities own and operate the majority of NZ’s water services.

     •    In July 2020, the Government announced a $710 million funding package to support economic recovery
          relating to COVID-19, and to address persistent issues facing the three waters sector, through a
          combination of infrastructure investment and water service delivery reform

     •    The service delivery reforms were conceived of as a three-year, multi-phase programme

     •    The initial phase involves a partnership-based, voluntary approach to reform, and a good faith approach
          with councils
            •    All eligible councils agreed to participate in the initial phase and to receive a share of the stimulus package –
                 signing a Memorandum of Understanding with the Crown

            •    Work to date is based on a shared understanding between central and local government that a partnership
                 approach will best support wider community interests, and ensure any transition to new service delivery
                 arrangements is well managed and as smooth as possible

            •    A Joint Three Waters Steering Committee has been established, comprising central and local government
                 representatives

Three Waters Reform Programme                      NOT GOVERNMENT POLICY                                                             5
Impetus for reform
  Reviews into the delivery of three waters services in New Zealand have identified significant ongoing
  challenges and a considerable level of underinvestment in three waters infrastructure

        Why is reform needed?
               Risk of failure to meet safe drinking water standards
               with potentially serious consequences for public health, the environment and the economy

               A constrained ability to plan, fund and finance resilient systems
               that can cope with climate change, emergencies and natural hazards

               Ability to meet national and local environmental objectives
               for freshwater and the marine environment

               Housing infrastructure supply unable to keep pace with strong demand
               in high-growth areas

               Limits on regional development and wellbeing
               particularly for areas with declining rating bases

Three Waters Reform Programme                      NOT GOVERNMENT POLICY                                  6
Key design features of a new service delivery model
Decisions and directions during 2020 mean the reform proposals will include certain features:

         Multi-regional entities of scale
                                                                                                Success factors
         Significant aggregation into a small number of multi-regional activities.
                                                                                                       Independent decision making
         Public ownership
                                                                                                       Management and governance
         Entities must be publicly owned, with mechanisms to prevent future privatisation.             competency

         Statutory entities                                                                            Financial independence
         Three waters entities designed and established by legislation.
                                                                                                       Flexible cost effective financing

         Asset ownership                                                                               Equity/equality between local
         Three waters entities responsible for ownership of all water infrastructure assets.           authorities

                                                                                                       Structural longevity
         Competency based boards
         Professional directors on three waters boards, operating under a commercial mandate.          Mechanisms for enabling iwi/hapū and
                                                                                                       community input
         Balance sheet separation
         Complete structural separation from local authorities.

 Three Waters Reform Programme                    NOT GOVERNMENT POLICY                                                                       7
A growing infrastructure deficit
•   Early analysis commissioned using publicly available information                                 WICS Phase One: Estimated enhancement and expenditure
                                                                                                                 growth between 2020 and 2050
    on council assets, finances and connected properties found a
                                                                                                         120
    conservative estimate of:

                                                                       Total expenditure ($NZ billion)
      o an estimated $34 billion to maintain and replace the                                             100

        existing asset base due to ageing infrastructure                                                                                                    $16 bn
                                                                                                         80
      o a minimum of $27bn of additional investment (in addition
                                                                                                                          $9 bn                             $34 bn
        to the above) required over the next 30 years to upgrade                                         60

        existing three waters assets to meet environmental and
                                                                                                                          $34 bn
        current drinking water standards. The upper estimate is                                          40

        around $46bn.
                                                                                                         20
                                                                                                                                                            $46 bn

      o a minimum of $9 bn to maintain and replace the new                                                                $27 bn

        asset base introduced over the next 30 years. The upper                                           0

        estimate is around $16 bn.                                                                                     Low estimate                      High estimate

                                                                                                               Total replacement and refurbishment (new asset base)
•   These estimates made no allowance for investment required to                                               Total replacement and refurbishment (existing asset base)
    meet population growth or to address resilience issues.                                                    Total enhancement expenditure

            In total, this early analysis suggests a total investment of around $70 to $96 billion is required over 30 years

Three Waters Reform Programme                     NOT GOVERNMENT POLICY                                                                                                    8
Funding affordability challenges
                                                                                WICS Phase One: Predicted enhancement investment
• Without reform, catching up on the required investment                       per property over 30 years (Auckland, Metro, Provincial
  will have significant implications for local authority finances,                                   and Rural)*
  and would present affordability issues for many                    $80,000

  communities.                                                       $70,000

• For rural councils, average costs per household would              $60,000

  increase by between 2 and 3 times in real terms.
                                                                     $50,000

• Some communities would face much larger rises.                     $40,000

• The situation is not much better for larger provincial and         $30,000

  metropolitan councils under the current structure.
                                                                     $20,000

• Average annual costs per household for provincial councils
                                                                     $10,000
  would need to increase by between 1.5 and 2.5 times in
  today’s dollars to meet the required investment.                       $0
                                                                                    Auckland                Metro               Provincial             Rural*

• Similarly, costs in metropolitan councils would need to                                                Lowest     Average   Highest

                                                                         *Excludes 4 rural councils (out of 23) that have predicted enhancement per property in excess of
  increase by between 1.4 and 1.8 times.                                 NZ$90,000. These 4 councils account for 12% of the population of the rural group.

Three Waters Reform Programme              NOT GOVERNMENT POLICY                                                                                                       9
Early analysis from the RFI
   • Council staff have recently completed the most comprehensive data collection on three waters assets and
     service delivery ever undertaken in New Zealand.

   • The results of the RFI are still being processed but early insights are showing us that previous estimates
     were conservative. Note that these figures represent preliminary analysis and are subject to change as we
     undertake more detailed analysis

   • We anticipate the investment needed to maintain and enhance infrastructure, and meet requirements of
     growth, could be in the order of $50-$90 billion.

   • The total investment required once maintenance and renewals are factored in, could be in the order of
     $110 to $170 billion over the next 30 to 40 years.

   • This will exacerbate the impacts on costs to households and businesses.

   • We anticipate the final RFI analysis to be completed over the coming months, and shared with you shortly
     after.

Three Waters Reform Programme            NOT GOVERNMENT POLICY                                                    10
How reform can help meet investment needs
   • Service delivery reform can help reduce the extent to                                                                 WICS Phase One: Indicative real cost per household in
                                                                                                                                             current prices*
       which costs need to increase and reverse the                                                                6,000
       infrastructure deficit more quickly.                                                                                                5,120

                                                                Indicative real cost per average household ($NZ)
   • Greater sharing of costs across larger populations can                                                        5,000

       ensure access to affordable services of a minimum
                                                                                                                   4,000
       standard across the country.                                                                                                                Mean: Rural Councils

   • Analysis suggests that entities require between                                                               3,000
                                                                                                                               2,410
       500,000 and 1,000,000 customers/connections in                                                                                              Mean: Provincial Councils

       order to fully realise these efficiencies.                                                                  2,000
                                                                                                                                                   Mean: Metropolitan Councils

                                                                                                                                                            1,300
   • Entities are expected to have greater debt capacity                                                           1,000
                                                                                                                                                                                1,120
                                                                                                                                                                                             1,025         980

       than councils to share the costs of long-term assets                                                                                 910              700                 700          700          740
                                                                                                                                380
       over longer timeframes.                                                                                        0
                                                                                                                              Base case   Base case       5 entities           4 entities   3 entities   2 entities

   • However, determining the best size of new entities                                                                        (2019)      (2050)          (2050)
                                                                                                                                                         Amalgamation scenarios
                                                                                                                                                                                (2050)       (2050)       (2050)

       contains a variety of other trade-offs that require      *figures based on Water Industry Commission of Scotland initial analysis of publicly available data and
       careful consideration (discussed later today).           subject to change as part of further analysis using more detailed data collected from local authorities

            The degree to which efficiencies can be realised is related to the number and scale of entities

Three Waters Reform Programme               NOT GOVERNMENT POLICY                                                                                                                                                     11
Benefits of scale
   The investment challenge is significant, scale will help minimise the impact on communities

SCALE                                                                                                                     Improved outcomes for
CONSIDERATIONS    Greater financial capacity        Strengthened operations              Improved asset management
                                                                                                                          communities

DESCRIPTION       Enables the significant           A step change in operational scale   Greater balance sheet capacity   Service improvement at a lower
                  investment required to occur      enabling greater professional        enabling a more strategic and    cost than would otherwise be the
                  off the balance sheet of          pathways for staff and               coordinated approach across      case
                  council owners and through        organisational capabilities          catchments
                  the increased financial                                                                                 Introduction of a range of
                  capacity of specialist entities   Contributes to improved              Significant contribution to      protections for consumers
                                                    procurement practice and lower       improving environmental and      through a new regulatory regime
                  Also enables more flexible        operating costs                      quality outcomes
                  funding tools                                                                                           More direct mechanisms for
                                                                                                                          iwi/Māori to influence outcomes
                  Provides resilience if councils                                                                         with clearer accountabilities
                  opt out of reform

  Three Waters Reform Programme                         NOT GOVERNMENT POLICY                                                                          12
Key reform questions
Key issues to consider when developing reform proposals
• Number of entities and their boundaries
• Ownership structures and governance arrangements for new water services entities
       • E.g. how to provide for the key design features on the previous slide, and roles for local government

• Retaining local voice and influence
       • E.g. regarding prioritisation of infrastructure to support growth, climate change adaptation, and ensuring water services
         entities are responsive to the needs and concerns of local communities

• Māori rights and interests throughout the new service delivery system
• Will the water services entities provide 2 or 3 waters?
• Mechanism for protecting consumers
• What will be the impact on councils?
       • E.g. immediate financial impacts; concerns about ongoing sustainability and role; implications for staff

• Transition arrangements

Three Waters Reform Programme                   NOT GOVERNMENT POLICY                                                                14
Number and boundaries
Advice to Ministers and the Joint Central/Local Government Steering Committee will consider the following factors:

                                   FEWER
                                  ENTITIES                 1. Potential to achieve scale benefits from larger
                                                           water service delivery entity to a broader
                                                           population/customer base.

          2. Alignment of geographical boundaries to encompass
                                                                                    MORE
          natural communities of interest, belonging and identity
                                                                                   ENTITIES
          including rohe/takiwā.
          3. Relationship with relevant regulatory boundaries
          including to enable water to be managed from source to
          the sea – ki uta ki tai.

  Three Waters Reform Programme              NOT GOVERNMENT POLICY                                                   15
A range of scenarios are being examined

 -                         +       -                       +    -                      + -           +   -   +

                 Key
                                ROHE/TAKIWA AND
                                                                REGULATORY ALIGNMENT         SCALE
                                COMMUNITIES OF INTEREST

Three Waters Reform Programme                             NOT GOVERNMENT POLICY                                  16
Enabling legislation

 Emerging                                               Outlines purpose, objectives, powers and functions of the new entities.
                                                       Also provides further detail on establishment and minimum requirements
                                                                              of key governance features.

 ‘base case’                                                   Local             Local
                                                                                                   Local
                                                                                                 Authority
                                                                                                                    Mana

 entity
                                                            Authority A       Authority B                          whenua
                                                                                                    ‘N’

                                                                                        Appoints

 structure for                                                            Governor Representative Group

 testing                                                       Local Authority Reps
                                                                                                             Mana whenua
                                                                                                                Reps

                                                             Independent                                     Strategic and
                                                               Selection                                     performance
                                                                Panel           Appoints         Issues      expectations
                                                                                             strategic and
                                                         Appoints                            performance
                                                                                             expectations
                                Water Service Entity

                                                                                                              Statement of      Guides
                                                             Entity Board                                        Intent       formulation

                                                           Appoints                           Entity
                                                                                            Produces

                                                                                                             Key planning &
                                                          Entity Management                                    strategic
                                                                                                              documents

Three Waters Reform Programme                                NOT GOVERNMENT POLICY                                                          17
Stormwater
     • Enabling the new water entities to deliver all three waters is an opportunity to make a step-change in the way
         that we deliver stormwater services to meet existing and future challenges such as climate change.

     • This approach would help uphold Te Mana o Te Wai and take a systems view of water from source to sea.
     • Stormwater systems also effect urban water quality and housing supply.
     • But the transfer of responsibility for stormwater to new water entities is complex and further work is being
         undertaken to:
            o Ensure the new entities and councils can continue work together to effectively manage stormwater; and
            o Identify a timeframe and process for transferring the responsibility for managing stormwater.
     • We have established stormwater technical working group to develop a transition plan for the future
         management of the stormwater system.

    As a starting proposition, Three Waters Ministers have agreed to explore further the transfer of stormwater
    infrastructure to new water services entities.

Three Waters Reform Programme               NOT GOVERNMENT POLICY                                                       18
High Level Overview – Establishment and
   Transition
        The key objectives of a transition work programme, should the reforms proceed, are:

        • To advance the Government’s reform objectives with the sector in a way that successfully
          supports adoption of the reform with stakeholders.

        • To ensure that the reform objectives are supported by a smooth transition and
          implementation approach that is efficient, effective and minimises disruption to
          communities and consumers.

         While subject to Cabinet decisions, the transition to new entities will need a considered and long-term
         programme of work to ensure we set the entities up for success on day one, and into the future.

Three Waters Reform Programme              NOT GOVERNMENT POLICY                                                   19
Emerging thinking – indicative only
  Establishment               Timeframe – roughly 3 + years

 Purpose of Phase                                      Transition                       Roughly 1 + years
 Responsible for ensuring the decisions by Cabinet
 are implemented                                      Purpose of Phase
                                                      The key period of transition from delivery of the
 Main Activity                                        services by local government to the new water entities
 Setting up the unit to support the reform                                                                     Implementation                           Ongoing
 programme prior to the new entity creation           Main Activity
                                                      Confirming how to move from the old to the new
 Will be the consistent function until the entities                                                             Purpose of Phase
                                                      system, including price paths, timeframes for
 are established, with some handover after the                                                                  The new Water Entities are
                                                      handover and interim agreements
 new water entities are live                                                                                    operationally live
                                                      A key operational phase, with a likely focus on
                                                      staffing, scope of assets to be transferred, access to
 Key roles will likely cover:                                                                                   Main Activity
                                                      non transferred assets and contract novations
 • Governance                                                                                                   Standing up the final operational
 • Management                                         We expect this phase to be commenced following the
                                                                                                                structure and new entities
 • Form and structure                                 establishment of the Transition Regional Water Entity
 • Resourcing                                         Boards (the pre cursor to the Water Entity Boards of
                                                                                                                Key early tasks
 • Reporting / accountability                                                                                   • ICT integration
                                                      the Water Entities), who will take regional ownership
                                                                                                                • Finalisation of staffing structures
                                                      and decision making during the transition phase
 Will work closely with key stakeholders including
 Councils, Central Government and the new Water       Until the new Water Entities are operationally active
 Entities

Please Note: This mahi is entirely dependent on the decisions made by Cabinet, therefore, the phases are subject to material change.

Three Waters Reform Programme                             NOT GOVERNMENT POLICY                                                                                   20
Emerging thinking – what this would mean
   Establishment            Timeframe – roughly 3 + years

                                                     Transition                                  Contingency for
                                                                          Roughly 1 + years
                                                                                                   transition
      Realistically establishment won’t
       effectively commence until 2022                                                        Implementation             Ongoing
     (given timing of voluntary decision)

               2022 calendar year                                 2023 calendar year                     2024 calendar year
                                                    2021 - 2024 LTP period                                             2024 - 2027 LTP

What this means for councils and their staff (who do not opt-out of reform):
• Councils will continue to be delivering water services until at least early 2024
• Council involvement in transition will be required during 2022 and 2023. Some                        We are targeting all Water Service
  funding will be set aside to support back filling of staff                                           Entities to be operationally live by
• Working assumption that the 2024 – 2027 LTP will no longer include water services.                   June 2024 for administrative ease
  Assistance is likely to be required to develop the initial asset management plan of
  the Water Service Entities. This is to be worked through

  Three Waters Reform Programme                        NOT GOVERNMENT POLICY                                                              21
Reform timeline                                                                                                                                                                       October 2022
                                                                                                                                                                                            Local Government
                                                                                                                                                                                            Elections

                                                           Mid 2021                                                    Late 2021
Decision
 points

                                                           Cabinet decisions on                                        Council decisions about
                                                           reform proposals                                            participation in reforms
Communication
& engagement

                        March                                                             Communicate Cabinet          Ongoing local government and iwi/hapū/Māori engagement
                        Engagement with LG and iwi/hapū on reform proposals               decisions                    with the Crown

                          Mid-Feb onwards                                    Mid-2021 onwards (into transition)
                          Pre-campaign reform publicity and education        Public communications and information campaign
    Legislation

                                 LGA02 (Water Services Reform) Amendment Bill, to enable council decisions                Water Services Entities Bill, to create new statutory entities
                                               Introduced early 2021; enacted mid/late 2021                                        Introduced late 2021; enacted mid-2022

                                      Feb-April
Data analysis &

                                      Commercial and financial                        Mid-2021
                    February                                                          DIA release aggregated data
   support

                                      analysis from RFI
                    Council RFI                                                       analysis and council-specific
                    submissions &           April                                     package to support community
                    refinements             Council proactive                         discussion and decision
                                            release of individual RFI
Stimulus

                                                        Council stimulus investment works underway – until 31 March 2022                                           April 2022
 works

                                                                                                                                                                   Final quarterly report
                                                                        Quarterly reporting – Stimulus milestones
                                                                                                                                         Establishment         Timeframe – roughly 3 + years
                                                                                                                                                                          Transition        Roughly 1 + years

                                                                                                                                                                                     Implementation        Ongoing
                  Three Waters Reform Programme                                      NOT GOVERNMENT POLICY                                                                                                      22
Next steps
   • Completion of analysis to support advice on number and boundaries of water services entities –
     February to April

   • Development of advice on other aspects of the reforms
         • Commercial and financial analysis is occurring in parallel, informed by advice from Standard & Poor’s

   • Engagement with local government and iwi/Māori on key scenarios and proposals – March

   • Progression of legislation to amend LGA02 consultation and decision-making provisions – February
     to September

   • Cabinet decisions on detailed reform proposals – May

   • Legislation to create new water services entities – drafted for introduction in late 2021 and
     enactment mid-2022

   • Council decisions on ‘opt out’ – last quarter of 2021

Three Waters Reform Programme                NOT GOVERNMENT POLICY                                                 23
Questions?

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                question verbally.
Ngā mihi,
                        Thank you

Reform Programme Webpage: www.dia.govt.nz/Three-Waters-Reform-Programme

                     Email: threewaters@dia.govt.nz
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