Resource Management (Regional Responsibility for Certain Agricultural Matters) Amendment Bill

  • defeated on 22 September 2021

Resource Management (Regional Responsibility for Certain Agricultural Matters) Amendment Bill

Member’s Bill

49—1

Explanatory note

General policy statement

New Zealand’s unique and diverse landscape means that farming practices vary across regions as farmers adapt best practices to their local conditions. Blanket regulations set by government through national policy statements serve as a costly and bureaucratic barrier to New Zealanders which on balance has a negative impact on the environment. This Bill will remove the ability for certain agriculture regulations to be set from Wellington and instead devolves these guidelines to regional councils who are best positioned to understand the local conditions and have direct relationships with stakeholders. This Bill is a step towards better more transparent lawmaking and reflects the need to work collaboratively to ensure better outcomes for farmers, the local community and the environment.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause. The Bill comes into force 12 months after the date of Royal assent.

Clause 3 states that the Bill amends the Resource Management Act 1991 (the principal Act).

Clause 4 amends section 43 of the principal Act by providing that regulations prescribing national environmental standards may not prescribe matters relating to excluding stock from water bodies, intensive winter grazing, the application of synthetic nitrogen fertiliser to pastoral land, or sediment control measures.

Clause 5 amends section 360 of the principal Act by repealing paragraphs 360(1)(hn) and (ho), and subsections 360(2F) and (2G), which provide powers to make regulations for the purpose of prescribing measures for excluding stock from water bodies, estuaries, coastal lakes, and lagoons.

Clause 6 revokes the Resource Management (Stock Exclusion) Regulations 2020 (2020/175) and subparts 3 and 4 of Part 2 of the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (LI 2020/174).

Mark Cameron

Resource Management (Regional Responsibility for Certain Agricultural Matters) Amendment Bill

Member’s Bill

49—1

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Resource Management (Regional Responsibility for Certain Agricultural Matters) Amendment Act 2021.

2 Commencement

This Act comes into force 12 months after the date on which this Act receives the Royal assent.

3 Principal Act

This Act amends the Resource Management Act 1991 (the principal Act).

4 Section 43 amended (Regulations prescribing national environmental standards)

(1)

After section 43(2), insert:

(2A)

Despite subsections (1) and (2), regulations made under this section must not prescribe technical standards, methods, or requirements in respect of the following matters:

(a)

excluding stock from water bodies, estuaries, coastal lakes, and lagoons, and the margins of those water bodies, estuaries, coastal lakes, and lagoons:

(b)

managing the environmental effects of intensive winter grazing:

(c)

the application of synthetic nitrogen fertiliser to pastoral land:

(d)

sediment control measures.

(2)

After section 43(4), insert:

(5)

In this section, intensive winter grazing means grazing livestock on an annual forage crop during winter.

5 Section 360 amended (Regulations)

(1)

Repeal paragraphs 360(1)(hn) and (ho).

(2)

Repeal subsections 360(2F) and (2G).

6 Amendments to regulations

(1)

Revoke the Resource Management (Stock Exclusion) Regulations 2020 (2020/175).

(2)

Revoke subparts 3 and 4 of Part 2 of the Resource Management (National Environmental Standards for Freshwater) Regulations 2020.