Environmental Reporting Amendment Bill

Environmental Reporting Amendment Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT The Environmental Reporting Amendment Bill (the Bill ) makes amendments to the Environmental Reporting Act 2015 (the Act ) that collectively aim to address the following policy objectives: clarifying the role of the Act in providing a mandate for independent, regular, and authoritative reporting on the state of the environment: addressing legislative barriers to efficiency and effectiveness of the reporting programme: supporting effective programme implementation and minimising cost burdens, particularly for local government: mandating good practice to safeguard the nature and scope of the reporting programme. The Act plays an important role in ensuring that robust and credible environmental data and research are made available to the public and decision makers. However, in the 10 years since it was enacted, operational experience and external feedback have indicated that changes to the Act are needed to increase the efficiency and flexibility of the reporting programme and ensure that the Act continues to meet its original purpose. The amendments— restate the purpose of the Act to clarify the intended use and outcome of reporting: reduce the frequency of synthesis reports (renamed as state of the environment reports) from 3-yearly to 6-yearly and replace 6-monthly domain reports with at least 1 commentary report each year. This will reduce the number of reports from 12 to 7 over a 6-year period and allow more flexibility in reporting on complex and interconnected environmental issues: strengthen the mechanisms for collecting data and setting data collection standards: require production of 6-yearly data and evidence priorities reports to set out priority areas for improving environmental data, monitoring, and research: add drivers and outlooks as required components of environmental reports. Drivers are socio-economic, cultural, political, or natural forces that influence human activities and can increase or reduce pressures on the environment. Outlooks describe how the environment may change in the future. Reporting on drivers will help decision makers understand the root causes of pressures on the environment, while reporting on outlooks will aid understanding of the future impact of decisions: enable reporting on progress towards government priorities. This will ensure that relevant measures of progress, contained in related legislation, are actively reported on without requiring future amendments to the Act: adjust reporting roles and responsibilities for the Secretary for the Environment and the Government Statistician. These changes will reduce overlap, enable each official to best use their expertise, and clarify when consultation must occur between agencies: provide for the appointment of the Strategic Evidence Panel to provide independent expert advice and highlight any emerging trends. DEPARTMENTAL DISCLOSURE STATEMENT The Ministry for the Environment is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill. A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2026&no=321 REGULATORY IMPACT STATEMENT The Ministry for the Environment and Statistics New Zealand produced a regulatory impact statement on 24 February 2025 to help inform the main policy decisions taken by the Government relating to the contents of this Bill. A copy of this regulatory impact statement can be found at— https://environment.govt.nz/what-government-is-doing/cabinet-papers-and-regulatory-impact-statements/ https://treasury.govt.nz/publications/informationreleases/ris CLAUSE BY CLAUSE ANALYSIS Clause 1 is the Title clause. Clause 2 states that the Bill comes into force on 1 May 2027. Clause 3 states that the Bill amends the Environmental Reporting Act 2015 (the principal Act ). AMENDMENTS TO PART 1 AND 2 Clause 4 replaces section 3 of the principal Act, which sets out the Act’s purpose of requiring regular reports on New Zealand’s environment. New section 3 expands this to state that the reports are to inform New Zealanders about the state of New Zealand’s environment, and to support evidence-based decisions that lead to effective and enduring environmental stewardship. Clause 5 amends section 4, which is the interpretation section of the principal Act, by— adding definitions of new terms used in the Act, including definitions of commentary report, state of the environment report, and data and evidence priorities report; and removing definitions that are no longer required as a result of changes made by the Bill; and updating existing definitions as a result of changes made by the Bill and by other legislation. Clause 6 amends section 5, which sets out how the principal Act recognises and respects the Crown’s responsibility to take appropriate account of the Treaty of Waitangi/Te Tiriti o Waitangi, by updating references as a result of changes made by the Bill. Clause 7 inserts new section 5A into the principal Act to provide for transitional, savings, and related provisions as set out in new Schedule 1 , inserted by clause 15 . Clause 8 replaces sections 7 to 14 of the principal Act with new sections 7 to 14D . Sections 7 to 12 of the principal Act provide for synthesis reports and domain reports to be produced and published by the Secretary for the Environment (the Secretary ) and the Government Statistician. These reports are replaced by state of the environment reports and commentary reports, which are produced and published by the Secretary alone. New section 7 — requires the Secretary to produce and publish state of the environment reports; and requires the Secretary, in preparing the reports, to take into account any relevant recommendations of the Strategic Evidence Panel (which is established by new section 20 , inserted by clause 14 ). New section 8 sets out the required content for state of the environment reports. This is similar to the content required for synthesis reports, but with the following differences: state of the environment reports must also describe drivers that influence pressures on the environment and outlooks based on identified data and trends: state of the environment reports may also compare findings on the state of the environment with any relevant policy outcomes, targets, limits, or goals set in legislation. New section 9 requires a state of the environment report to be published every 6 years, as opposed to 3 years for synthesis reports. New section 10 — requires the Secretary to produce and publish commentary reports on topics prescribed by regulations made under section 19; and requires the Secretary, in preparing the reports, to take into account any relevant recommendations of the Strategic Evidence Panel (which is established by new section 20 , inserted by clause 14 ). New section 11 sets out the content of commentary reports. A commentary report must relate to at least 1 topic prescribed by regulations, and describe the following in relation to that topic: the drivers that influence pressures on the environment that the report relates to: the pressures on that environment: the state of that environment: the impacts that the state of that environment may be having: outlooks in relation to that environment. The commentary reports may cover multiple domains and may compare findings on the state of the environment with any relevant policy outcomes, targets, limits, or goals set in legislation. New section 12 requires a commentary report to be published at least once every 12 months. No commentary reports are required to be published in any year in which a state of the environment report is published. Each prescribed topic must be covered at least once within the 6-year period between state of the environment reports. Section 13 of the principal Act sets out an overview of the process for producing environmental reports. This section is no longer required as a result of the changes made by the Bill. New section 13 requires data and evidence priorities reports to be produced and published by the Secretary in consultation with the Government Statistician. New section 13 requires data and evidence priorities reports to— discuss the state of environmental data, monitoring, and research; and discuss the evaluation, quality, and coverage of environmental indicators; and include a list of environmental indicators (set by the Secretary under new section 14A ); and provide a list of priority areas for improving environmental data and evidence; and be published within 6 months of the publication of a state of the environment report. Section 14 of the principal Act sets out the roles of the Secretary and the Government Statistician in producing environmental reports. The Bill breaks this into separate sections dealing with the different roles of the Secretary and the Government Statistician. New section 14 sets out the Secretary’s role under the principal Act, which is to produce and publish environmental reports, set environmental indicators, and advise the Minister on the exercise of regulation-making powers. New section 14A requires the Secretary to set environmental indicators for use in reports. Environmental indicators track aspects of the environment over time. The Secretary is required to consult the Government Statistician before setting the indicators. The indicators must be published on the Secretary’s internet site. New section 14B requires the Secretary to specify scientific environmental monitoring standards and methods for the collection of environmental indicator data. These must be published on the Secretary’s internet site. New section 14C sets out the Government Statistician’s role under the principal Act, which is to produce and publish statistics and participate in consultations with the Secretary. New section 14D requires the Government Statistician to produce statistics for use in state of the environment reports and commentary reports, and to publish statistics relating to environmental indicators. It also states that the provisions of the Data and Statistics Act 2022 apply except if inconsistent with the principal Act, and that new section 14D does not limit section 16 of the Data and Statistics Act 2022, which provides for the independence of the Government Statistician. Clause 9 inserts a new cross-heading above section 15. Clauses 10 and 11 make consequential amendments to sections 15 and 16 (which set out duties in producing and publishing environmental reports) to delete references to the Government Statistician. These references are no longer required because the amendments made in clause 8 provide for reports to be produced and published by the Secretary only. Clause 12 replaces section 17 with new section 17 . Section 17 provides a process for requests for untested information. This is no longer necessary as such requests are dealt with by section 46 of the Data and Statistics Act 2022. New section 17 requires the Secretary to make reasonable efforts to obtain data for state of the environment reports and commentary reports. Clause 13 amends section 19, which enables regulations to be made by the Governor-General on the joint recommendation of the Minister for the Environment and the Minister of Statistics. Clause 13 — removes the requirement for regulations to be made on the joint recommendation of the Ministers. Instead, the regulations will be made on the recommendation of the Minister for the Environment (who is referred to as the Minister, applying the definition of Minister from section 13 of the Legislation Act 2019); and updates the names of the environmental reports to reflect changes made by the Bill; and enables regulations to be made prescribing topics to be covered in environmental reports relating to drivers that influence pressures on the environment and outlooks based on identified data and trends. NEW PART 3 AND SCHEDULE 1 INSERTED Clause 14 inserts new Part 3 into the principal Act, providing for the new Strategic Evidence Panel (the Panel ). New section 20 establishes the Panel, and states that its function is to provide independent advice to the Secretary on matters related to environmental data, monitoring, and reporting. The Panel must provide advice on the Secretary’s request and may also do so on its own resolution. The Secretary sets the terms of reference for the Panel. New section 21 sets out the processes for appointment and remuneration of Panel members. New section 22 sets out the processes for removal or resignation of Panel members. New section 23 requires the Ministry for the Environment to provide secretariat support to the Panel. Clause 15 inserts new Schedule 1 into the principal Act. This schedule contains transitional, savings, and related provisions. It provides that— the first state of the environment report must be produced and published by the Secretary before 1 April 2031; and the first commentary report must be produced and published by the Secretary within 12 months of the Bill’s commencement. The Parliament of New Zealand enacts as follows: 1 Title This Act is the Environmental Reporting Amendment Act 2026 . 2 Commencement This Act comes into force on 1 May 2027 . 3 Principal Act This Act amends the Environmental Reporting Act 2015. 4 Section 3 replaced (Purpose) Replace section 3 with: 3 Purpose The purpose of this Act is to require regular reports on the state of New Zealand’s environment that— a inform New Zealanders about the state of the environment; and b support evidence-based decisions that lead to effective and enduring environmental stewardship. 5 Section 4 amended (Interpretation) In section 4, insert in their appropriate alphabetical order: commentary report means a commentary report required under section 10 data and evidence priorities report means a data and evidence priorities report required under section 13 driver means a socio-economic, cultural, political, or natural factor that— a influences human activities; and b is capable of increasing or reducing pressures on the environment environmental indicator means an environmental indicator set by the Secretary under section 14A outlook means an assessment of how the environment may change in the future based on current data, trends, and potential pressures Panel means the Strategic Evidence Panel established under section 20 state of the environment report means a state of the environment report required under section 7 In section 4, repeal the definitions of domain report , Minister for the Environment , Minister of Statistics , Ministers , and synthesis report . In section 4, replace the definition of environmental report with: environmental report means a state of the environment report, a commentary report, or a data and evidence priorities report In section 4, definition of impact category , replace sections 8(1)(c) and 11(1)(c) with sections 8(1)(d) and 11(1)(d) . In section 4, replace the definition of pressure with: pressure means a natural or human-induced factor, activity, or process that may be causing, or has the potential to cause, a change to the state of the environment In section 4, replace the definition of public health with: public health has the meaning given in section 4 of the Pae Ora (Healthy Futures) Act 2022 In section 4, definition of topic , delete for a synthesis report or a domain report . 6 Section 5 amended (Treaty of Waitangi/Te Tiriti o Waitangi) In section 5(a),— a replace sections 8(1)(c) and 11(1)(c) with sections 8(1)(d) and 11(1)(d) ; and b replace synthesis and domain reports with state of the environment reports and commentary reports . In section 5(b), replace Ministers are with Minister is . 7 New section 5A inserted (Transitional, savings, and related provisions) After section 5, insert: 5A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms. 8 Sections 7 to 14 and cross-heading replaced Replace sections 7 to 14 and the cross-heading above section 7 with: State of environment reports 7 State of environment reports 1 The Secretary must produce and publish reports on New Zealand’s environment. 2 In preparing a state of the environment report, the Secretary must consider any relevant recommendations of the Panel. 3 As soon as is reasonably practicable after the Secretary has published a state of the environment report, the Minister must present the report to the House of Representatives. 4 In subsection (1) , New Zealand’s environment includes the domains referred to in section 11(4) . 8 Content of state of environment reports 1 Each state of the environment report must describe, in relation to the topics prescribed in regulations made under section 19, all of the following matters: a the drivers that influence pressures on New Zealand’s environment; and b the pressures on New Zealand’s environment; and c the state of New Zealand’s environment, including biodiversity and ecosystems; and d the impacts that the state of the environment and changes to the state of the environment may be having on each of the following impact categories: i ecological integrity: ii public health: iii the economy: iv te ao Māori: v culture and recreation; and e outlooks based on identified data and trends. 2 In addition to the matters set out in subsection (1) , each state of the environment report must describe— a changes to the state of New Zealand’s environment over time, including, if the information in the report can be compared with that in a previous state of the environment report, changes to the state of the environment since that previous report was published: b how the state of New Zealand’s environment measures against national or international standards. 3 A state of the environment report may compare findings on the state of New Zealand’s environment with any relevant policy outcomes, targets, limits, or goals set in legislation. 9 Frequency of state of environment reports A state of the environment report must be published once every 6 years. Commentary reports 10 Commentary reports 1 The Secretary must produce and publish commentary reports on topics prescribed by regulations made under section 19. 2 Before preparing a commentary report, the Secretary must consider any relevant recommendations of the Panel, including— a what commentary reports should be produced; and b the topics that each report should cover. 3 As soon as is reasonably practicable after the Secretary has published a commentary report, the Minister must present the report to the House of Representatives. 11 Content of commentary reports 1 Each commentary report must describe— a the drivers that influence pressures on the environment that the report relates to; and b the pressures on that environment; and c the state of that environment, including biodiversity and ecosystems dependent on that environment; and d the impacts that the state of that environment and changes to the state of that environment may be having on each of the following impact categories: i ecological integrity: ii public health: iii the economy: iv te ao Māori: v culture and recreation; and e outlooks based on identified data and trends. 2 A commentary report must describe— a changes to the state of the environment over time, including, if the information in the report can be compared with that in a previous commentary report, changes to the state of the environment since that previous report was published; and b how the topics reported on measure against national or international standards. 3 A commentary report may compare findings on the state of New Zealand’s environment with any relevant policy outcomes, targets, limits, or goals set in legislation. 4 A commentary report may describe the matters in subsection (1) in respect of any of the following domains: a the air domain: b the atmosphere and climate domain: c the freshwater domain: d the land domain: e the marine domain. 12 Frequency of commentary reports 1 A commentary report must be published at least once every 12 months, unless subsection (2) applies. 2 A commentary report is not required to be published in the same year that a state of the environment report is required to be published. 3 Each prescribed topic must be covered by at least 1 commentary report within each 6-year period between state of the environment reports. Data and evidence priorities reports 13 Data and evidence priorities reports 1 The Secretary must, in consultation with the Government Statistician, produce and publish data and evidence priorities reports. 2 A data and evidence priorities report must— a discuss the state of environmental data, monitoring, and research; and b discuss the evaluation, quality, and coverage of environmental indicators; and c include the list of environmental indicators set under section 14A ; and d provide a list of priority areas for improving environmental data and evidence. 3 The Secretary must publish a data and evidence priorities report within 6 months of the publication of a state of the environment report. Role of Secretary 14 Overview of Secretary’s role The role of the Secretary under this Act is to— a produce and publish environmental reports under sections 7, 10, and 13 ; and b advise the Minister on the exercise of the regulation-making power under section 19; and c set environmental indicators under section 14A . 14A Secretary must set environmental indicators 1 The Secretary must set environmental indicators for use in reports to measure topics prescribed in regulations. 2 The purpose of an environmental indicator is to track an aspect of the environment over time. 3 The Secretary must consult the Government Statistician before setting environmental indicators. 4 The Secretary must publish the list of environmental indicators on an internet site maintained by or on behalf of the Secretary. 14B Secretary must specify standards and methods for collecting environmental indicator data 1 The Secretary must specify scientific environmental monitoring standards and methods for collecting environmental indicator data. 2 The Secretary must publish the standards and methods on an internet site maintained by or on behalf of the Secretary. Role of Government Statistician 14C Overview of role of Government Statistician The role of the Government Statistician under this Act is to— a produce and publish statistics ( see section 14D ); and b participate in consultations with the Secretary relating to— i data and evidence priorities reports ( see section 13 ); and ii environmental indicators ( see section 14A ). 14D Government Statistician must produce and publish statistics 1 The Government Statistician must— a produce statistics for use in state of the environment reports and commentary reports: b publish statistics relating to environmental indicators on an internet site maintained by or on behalf of the Government Statistician. 2 The Government Statistician must make reasonable efforts to produce statistics in accordance with subsection (1)(a) . 3 The provisions of the Data and Statistics Act 2022 that relate to official statistics apply to the Government Statistician in performing duties under this Act, unless those provisions are inconsistent with this Act. 4 This section does not limit section 16 of the Data and Statistics Act 2022. 9 New cross-heading above section 15 inserted Before section 15, insert: Duties in producing and publishing environmental reports 10 Section 15 amended (Duty to act independently) In section 15, delete and the Government Statistician . 11 Section 16 amended (Reports to be fair and accurate) In section 16, delete and the Government Statistician . 12 Section 17 replaced (Protecting integrity of untested information) Replace section 17 with: 17 Reasonable efforts for data collection The Secretary must make reasonable efforts to collect data for state of the environment reports and commentary reports. 13 Section 19 amended (Regulations) In section 19(1), delete joint . In section 19(1), (2), and (3), replace Ministers with Minister . In section 19(1)(a), replace synthesis reports with state of the environment reports . In section 19(1)(a)(iii), replace section 8(1)(c) with section 8(1)(d) . After section 19(1)(a)(iii), insert: iv drivers that influence pressures on the environment: v outlooks based on identified data and trends: In section 19(1)(b), replace domain reports with commentary reports . In section 19(1)(b)(iii), replace section 11(1)(c) with section 11(1)(d) . After section 19(1)(b)(iii), insert: iv drivers that influence pressures on the environment: v outlooks based on identified data and trends. 14 New Part 3 inserted After section 19, insert: 3 Strategic Evidence Panel 20 Strategic Evidence Panel established 1 This section establishes the Strategic Evidence Panel (the Panel ). 2 The function of the Panel is to provide independent advice to the Secretary on matters related to environmental data, monitoring, and reporting. 3 The Panel— a must provide advice on a particular matter if requested by the Secretary: b may provide advice to the Secretary by its own resolution. 4 The Secretary must set the terms of reference for the Panel. 21 Appointment and remuneration of Panel members 1 The Panel must consist of at least 7, but no more than 9, members, appointed by the Secretary in consultation with the Minister. 2 In appointing members, the Secretary must have regard to the need for members to collectively hold relevant expertise on matters related to environmental data, monitoring, and reporting. 3 Members are appointed for a maximum term of 3 years. 4 Members are entitled to be— a paid fees at a rate set by the Minister in accordance with the fees framework; and b reimbursed for actual and reasonable travelling and other expenses incurred in the course of their duties as Panel members, in accordance with the fees framework. 5 In subsection (4) , fees framework has the same meaning as in section 10 of the Crown Entities Act 2004. 22 Removal and resignation of Panel members 1 A member of the Panel may resign at any time by written notice to the Secretary. 2 The Secretary may remove a member of the Panel at any time for just cause. 3 If the Secretary removes a member under subsection (2) , the Secretary must provide that member with notice and reasons for the removal in writing. 4 In subsection (2) , just cause includes misconduct, inability to perform the functions of office, neglect of duty, and breach of duty. 23 Secretariat support to Panel The Ministry must provide secretariat support to the Panel. 15 New Schedule 1 inserted Insert the Schedule 1 set out in the Schedule of this Act as the first schedule to appear after the last section of the principal Act. New Schedule 1 inserted 1 s 5A Transitional, savings, and related provisions 1 Provisions relating to Environmental Reporting Amendment Act 2026 1 Interpretation In this Part,— amendment Act means the Environmental Reporting Amendment Act 2026 commencement date means the date that the amendment Act comes into force. 2 First state of environment report to be published before 1 April 2031 The Secretary must produce and publish a state of the environment report before 1 April 2031. 3 First commentary report to be published within 12 months The Secretary must produce and publish a commentary report before the date that is 12 months after the commencement date. 1 Transitional, savings, and related provisions