New national freshwater rules
The government is undertaking significant reforms to the Resource Management Act (RMA), national direction and freshwater regulations.
A key proposal is to replace the RMA with two new acts: A Natural Environment Act and a Planning Act, which will focus on managing environmental effects and enabling development, respectively.
The government has also said national direction will be changed ahead of the new Act and that it may have an exposure draft of the new National Policy Statement for Freshwater Management by the end of 2025.
For resource users, this means that while current regulations remain in force for now, they can expect changes soon.
Proposed reforms include rebalancing the ‘Te Mana o te Wai’ framework to allow a more flexible approach to freshwater management, easing restrictions on activities such as commercial vegetable growing and water storage, and simplifying rules around wetlands and fish passage. The goal is to provide greater certainty and reduce compliance burdens for landowners and businesses. New national direction and legislation are expected to be available soon, which will inform future plans.
For the time being, the following provides a summary of the main regulations you should be aware of.
Be sure to check the Ministry for the Environment website or contact a Regional Council staff member if you are at all in doubt about what rules apply as they are likely to change.
1. Nitrogen Fertiliser Limits
- Regulation: Under the NES-F (Clause 35–38), synthetic nitrogen fertiliser use on grazed pasture is capped at 190kg N/ha/year.
- Applies to: All pastoral land (dairy, beef, sheep) where livestock graze.
- Reporting: Dairy farmers must report annual fertiliser use to their regional council by 31 July.
- Consent: Required if you exceed the cap or apply to land not meeting the definition of grazed pasture.
2. Stockholding Areas
- Regulation: NES-F (Clause 11–13).
- Definition: Areas where animals are confined for more than 30 days in a 12-month period (e.g. feedlots, wintering pads).
- Requirements:
- 90% of animals four months old, or weigh no more than 120kg.
3. Intensive Winter Grazing (IWG)
- Regulation: NES-F (Clause 26–30).
- Permitted if:
- 5m setback from waterways is maintained.
- No grazing in critical source areas.
- Consent required if any of the above conditions are not met.
4. Wetland Protection
- Regulation: NES-F (Clause 37 - 56), RMA s6(a).
- Rules:
- You cannot drain, fill, or build in or near a natural wetland.
- Consent required for earthworks, vegetation clearance, or water take within 100 m of a wetland.
- Applies to wetlands >500 m² or those meeting ecological criteria.
5. Fish Passage
- Regulation: NES-F (Clause 58 –74).
- Requirements:
- New culverts, weirs, and dams must be fish passable.
- Must follow Fish Passage Guidelines (NIWA/MfE).
- Existing structures may need modification if they block native fish migration.
- Extensive requirements for information (Clauses 61-69) to be provided to Regional Council
- Anyone who installs a new structure (culvert, dam, weir, etc.) in the region, should complete the Instream Structure Notification Form to meet the information requirements under the NES-F.
6. River Reclamations
- Regulation: RMA s13 and NES-F (Clause 57).
- Rules:
- Reclaiming or piping rivers/streams is prohibited unless:
- It’s for public infrastructure.
- You obtain a resource consent.
- Must show no significant adverse effects on the river ecosystem.
7. Stock Exclusion
- Regulation: Stock Exclusion Regulations 2020 (made under RMA s360).
- Key dates:
- By 1 July 2025, stock must be excluded from:
- Lakes and rivers >1 m wide.
- Natural wetlands.
- By 1 July 2025, stock must be excluded from:
- Methods: Fencing, setbacks, or natural barriers.
8. Freshwater Farm Plans (FW-FPs)
- Regulation: Part 9A of the RMA (introduced by the Resource Management Amendment Act 2020).
- Requirements:
- Identify freshwater risks (e.g. erosion, runoff).
- Set actions and timeframes to manage them.
- Must be certified by an approved person and audited.
- Rollout: Phased by region from 2023-2025, though it is important to note that the government is continuing to work with sector groups to develop a pathway for recognising existing farm plans and industry programmes with the freshwater farm plan system.