Resource Management (Application of Part 9A—Freshwater Farm Plans) Order 2023: revoked, on 25 October 2024, by section 30 of the Resource Management (Freshwater and Other Matters) Amendment Act 2024 (2024 No 43).

Cindy Kiro, Governor-General

Order in Council

At Wellington this 6th day of June 2023

Present:
Her Excellency the Governor-General in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This order is administered by the Ministry for the Environment.

This order is made under section 217C of the Resource Management Act 1991—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for the Environment made after—

(i)

satisfying the requirement of section 217C(3)(a); and

(ii)

consulting the Minister of Agriculture.

1	Title
2	Commencement
3	Interpretation
4	Application of Part 9A of Act
5	Outline of Schedules 1 and 2
	Schedule 1 Districts, regions, and parts of New Zealand to which Part 9A of Act applies
	Schedule 2 Maps of districts, regions, and parts of New Zealand to which Part 9A of Act applies
	Gazette Information
	Notes

Order

1 Title

This order is the Resource Management (Application of Part 9A—Freshwater Farm Plans) Order 2023.

2 Commencement

This order comes into force on 1 August 2023.

3 Interpretation

In this order, unless the context otherwise requires,—

Act means the Resource Management Act 1991

FMU or freshwater management unit has the meaning set out in the National Policy Statement for Freshwater Management

National Policy Statement for Freshwater Management means the National Policy Statement for Freshwater Management whose approval under section 52 of the Act was notified in August 2020 (as amended or replaced from time to time)

part of an FMU has the meaning set out in the National Policy Statement for Freshwater Management.

4 Application of Part 9A of Act

(1)

Part 9A of the Act applies to a district, region, or part of New Zealand on and from the date specified for the district, region, or part of New Zealand and—

(a)

as described in Schedule 1; and

(b)

as shown on the maps in Schedule 2.

(2)

If there is any discrepancy between a description in Schedule 1 and a map in Schedule 2, the map prevails.

5 Outline of Schedules 1 and 2

Schedules 1 and 2 are each divided into the following Parts:

(a)

Part 1—Waikato region:

(b)

Part 2—Southland region:

(c)

Part 3—Otago region:

(d)

Part 4—West Coast region:

(e)

Part 5—Manawatū–Whanganui region.

Clause 5: inserted, on 1 February 2024, by clause 4 of the Resource Management (Application of Part 9A—Freshwater Farm Plans) Amendment Order 2023 (SL 2023/203).

Schedule 1 Districts, regions, and parts of New Zealand to which Part 9A of Act applies

cl 4(1)(a)

Part 1 Waikato region

Geographic area or catchment in Waikato region	General description	Date on and from which Part 9A of the Act applies
Waipā FMU	The entire Waipā River catchment to Ngāruawāhia, where the Waipā joins the Waikato River, including lakes, wetlands, aquifers, rivers, and streams	1 August 2023
Middle Waikato FMU	Waikato River from Lake Karāpiro to Ngāruawāhia, including lakes, wetlands, aquifers, rivers, and streams	1 January 2024
Upper Waikato FMU	Waikato River from Huka Falls to Lake Karāpiro, including lakes, wetlands, aquifers, rivers, and streams	1 January 2024
West Coast–South	The part of the West Coast FMU that comprises— (a) the Awakino and Mokau River catchments; and (b) all coastal catchments in the West Coast FMU that are south of, but not including, the Kiritehere Stream catchment	1 January 2024
Lower Waikato FMU	Waikato River from Ngāruawāhia to Port Waikato, including lakes, wetlands, aquifers, rivers, and streams	1 July 2024
Hauraki FMU	Catchments draining to Tikapa Moana/Firth of Thames from the boundary of Auckland Council to Tararu, including— (a) lakes, wetlands, aquifers, rivers, streams, and estuarine sections; and (b) Tikapa Moana/Firth of Thames	1 January 2025
Lake Taupō FMU	The entire Lake Taupō and its catchment upstream of Huka Falls, including lakes, wetlands, aquifers, and rivers	1 July 2025
Coromandel FMU	Northern and eastern parts of Coromandel Peninsula, including harbours, estuaries, offshore islands, lakes, wetlands, aquifers, rivers, streams, and coastal ecosystems	1 July 2025
West Coast–North	The part of the West Coast FMU that comprises the remainder of the West Coast FMU not included in West Coast–South	1 July 2025

Note: In this Part,—

Kiritehere Stream catchment includes any unnamed tributaries of that catchment

West Coast FMU—

(a)

means the West Coast/Tai Hauāuru catchments; and

(b)

includes harbours and estuaries from the boundary with Taranaki Regional Council to the boundary with Auckland Council; and

(c)

includes lakes, wetlands, aquifers, karst systems, rivers, streams, and coastal ecosystems; but

(d)

excludes the entire Waikato River catchment.

Part 2 Southland region

Geographic area or catchment in Southland region	General description	Date on and from which Part 9A of the Act applies
Aparima FMU	Aparima and Pourakino–Jacobs River Estuary	1 August 2023
Fiordland and Islands FMU	Fiordland and Islands	1 August 2023
Ōreti FMU	Ōreti and Waihopai–New River Estuary	1 February 2024
Waiau FMU	Waiau–Waiau Lagoon	1 February 2024
Mataura FMU	Mataura–Toetoes Harbour	1 July 2024

Part 3 Otago region

Geographic area or catchment in Otago region	General description	Date on and from which Part 9A of the Act applies
North Otago FMU	The area— (a) extending from Waitaki River in the north, down through Oamaru and Palmerston townships, to the bottom of the southern branch of the Waikouaiti River; and (b) including— (i) parts of the lower Waitaki Plains; and (ii) Trotters Creek and the Kakanui, Shag, Waikouaiti, Waianakarua, and Pleasant Rivers	1 February 2024
Lower Clutha Rohe	The part of the Clutha/Mata-au FMU known as Lower Clutha Rohe includes— (a) the Pomahaka catchment; and (b) several other river catchments that feed the Clutha/Mata-au River, including the Waitahuna, Waiwera, Tuapeka, and Waipahi catchments	1 August 2024
Clutha/Mata-au FMU (except Lower Clutha Rohe)	The parts of the Clutha/Mata-au FMU known as Dunstan Rohe, Manuherekia Rohe, Roxburgh Rohe, and Upper Lakes Rohe Dunstan Rohe is the area running from the outlets of Lakes Wānaka, Whakatipu, and Hāwea south to the Clyde Dam and including— (a) the Kawarau, Nevis, Shotover, Upper Clutha/Mata-au, Hāwea, Cardrona, Arrow, and Lindis Rivers; and (b) many smaller tributaries of the Clutha/Mata-au River such as the Lowburn, Amisfield Burn, Bannock Burn, and Luggate Creek Manuherekia Rohe is the area located between the Dunstan Range to the west, the St Bathans Range to the north, the Hawkdun Range and Rough Ridge to the east, and the Knobby Range to the south Roxburgh Rohe is the area— (a) extending from the Clyde Dam to Beaumont; and (b) covering Alexandra, Clyde, and Roxburgh; and (c) including tributaries of the Clutha/Mata-au River, such as the Fraser River (also known as the Earnscleugh), Benger Burn, and Teviot and Beaumont Rivers Upper Lakes Rohe is the area covering the lakes of Whakatipu, Wānaka, and Hāwea, from their tributaries to their outlets	1 February 2025
Taieri FMU	The area covering the entire Taieri River catchment, reaching from Taieri Mouth across the Taieri Plain into the Strath Taieri and Maniototo Basins	1 August 2025
Catlins FMU	The area located along the southern coast of Otago Region including the Catlins, Ōwaka, Maclennan, and Tahakopa Rivers	1 August 2025
Dunedin and Coast FMU	The area running from just south of Karitane down to the mouth of the Clutha/Mata-au River and including— (a) the Waitati River, Leith Stream, and Kaikorai Stream catchments within Dunedin city; and (b) the Tokomairaro (Tokomairiro) River in the south	1 December 2025

Schedule 1 Part 3: inserted, on 1 February 2024, by clause 5 of the Resource Management (Application of Part 9A—Freshwater Farm Plans) Amendment Order 2023 (SL 2023/203).

Part 4 West Coast region

Geographic area or catchment in West Coast region	General description	Date on and from which Part 9A of the Act applies
Hokitika FMU	The area— (a) encompassing all catchments— (i) to the south of (and including) the Taramakau River at the northern boundary; and (ii) then moving south along the main divide as far south as (and including) the Waiho River; and (b) including all harbours, estuaries, lakes, wetlands, aquifers, rivers, streams, and coastal ecosystems	1 February 2024
South Westland FMU	The area— (a) encompassing all catchments— (i) to the south of (but not including) the Waiho River at the northern boundary; and (ii) then moving south along the main divide as far south as (and including) the Hackett River; and (b) including all harbours, estuaries, lakes, wetlands, aquifers, rivers, streams, and coastal ecosystems	1 February 2025
Grey FMU	The area— (a) encompassing all catchments— (i) to the south of (and including) the Grey River at the northern boundary; and (ii) then moving south along the main divide as far south as (but not including) the Taramakau River; and (b) including all harbours, estuaries, lakes, wetlands, aquifers, rivers, streams, and coastal ecosystems	1 August 2025
Kawatiri FMU	The area— (a) encompassing all catchments— (i) to the north of (but not including) the Grey River at the southern boundary; and (ii) then moving north along the main divide as far north as (and including) the Kahurangi River; and (b) including all harbours, estuaries, lakes, wetlands, aquifers, rivers, streams, and coastal ecosystems; but (c) excluding the lower Maruia and upper Buller catchments as per the West Coast Regional and Tasman District boundaries	1 August 2025

Schedule 1 Part 4: inserted, on 1 February 2024, by clause 5 of the Resource Management (Application of Part 9A—Freshwater Farm Plans) Amendment Order 2023 (SL 2023/203).

Part 5 Manawatū–Whanganui region

Geographic area or catchment in Manawatū–Whanganui region	General description	Date on and from which Part 9A of the Act applies
Rangitīkei/Turakina FMU	The area including— (a) both the Rangitīkei and Turakina Rivers and their tributaries (including the Kawhatau, Moawhango, and Hautapu Rivers); and (b) all lakes and lagoons between the Turakina River mouth and the Rangitīkei River mouth and their surrounding catchment areas; and (c) all lakes and lagoons between the Rangitīkei River mouth and the Manawatū catchment and their surrounding catchment areas	1 April 2024
Kai Iwi FMU	The area— (a) encompassing the area in and around the Kai Iwi Stream that leads out to the sea at Kai Iwi beach (Taikapē and Mōwhānau); and (b) including the shorter Mōwhānau and Ototoka Streams	1 August 2024
Waiopehu FMU	The area including— (a) Lakes Horowhenua and Waiwiri, their tributaries, and the Ōhau and Waikawa Rivers; and (b) lakes, wetlands, rivers, and streams between the Manawatū catchment and the Hokio catchment	1 August 2024
Manawatū FMU	The area in and around the Manawatū River and its tributaries (including the Ōroua, Pōhangina, Tīraumea, Mangatainoka, and Mangahao Rivers)	1 February 2025
Whanganui FMU	The area including— (a) the Whanganui River and its tributaries (including the Manganui o te Ao, Ōhura, Retaruke, Ōngarue, Taringamotu, Whangamōmona, Tāngarākau, Whakapapa, and Pungapunga Rivers); and (b) the lakes south of the Whanganui River including Kaitoke, Wiritoa, Pauri, and Koahata and their surrounding catchments	1 August 2025
Whangaehu FMU	The area in and around the Whangaehu River and its tributaries (including the Mangawhero and Makotuku Rivers)	1 August 2025
Puketoi ki Tai FMU	The area around the Ākitio, Wainui, and Ōwahanga Rivers and their tributaries that lead from the Puketoi range to the sea	1 December 2025

Schedule 1 Part 5: inserted, on 1 February 2024, by clause 5 of the Resource Management (Application of Part 9A—Freshwater Farm Plans) Amendment Order 2023 (SL 2023/203).

Schedule 2 Maps of districts, regions, and parts of New Zealand to which Part 9A of Act applies

cl 4(1)(b)

Part 1 Waikato region

Part 2 Southland region

Part 3 Otago region

Schedule 2 Part 3: inserted, on 1 February 2024, by clause 6 of the Resource Management (Application of Part 9A—Freshwater Farm Plans) Amendment Order 2023 (SL 2023/203).

Part 4 West Coast region

Schedule 2 Part 4: inserted, on 1 February 2024, by clause 6 of the Resource Management (Application of Part 9A—Freshwater Farm Plans) Amendment Order 2023 (SL 2023/203).

Part 5 Manawatū–Whanganui region

Schedule 2 Part 5: inserted, on 1 February 2024, by clause 6 of the Resource Management (Application of Part 9A—Freshwater Farm Plans) Amendment Order 2023 (SL 2023/203).

Rachel Hayward,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 8 June 2023.

Notes

1 General

This is a consolidation of the Resource Management (Application of Part 9A—Freshwater Farm Plans) Order 2023 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Resource Management (Freshwater and Other Matters) Amendment Act 2024 (2024 No 43): section 30

Resource Management (Application of Part 9A—Freshwater Farm Plans) Amendment Order 2023 (SL 2023/203)