Resource Management (National Environmental Standards for Freshwater) Regulations 2020

Version as at 5 January 2023

Coat of Arms of New Zealand

Resource Management (National Environmental Standards for Freshwater) Regulations 2020

(LI 2020/174)

Patsy Reddy, Governor-General

Order in Council

At Wellington this 3rd day of August 2020

Present:
The Right Hon Jacinda Ardern presiding 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.

These regulations are administered by the Ministry for the Environment.

These regulations are made under section 43 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 in accordance with section 44 of that Act.

Contents

1Title
2Commencement
Part 1
Preliminary provisions
3Interpretation
4Transitional, savings, and related provisions
5Regulations deal with functions of regional councils
6Relationship between regulations and plan rules and resource consents
7Regulations are subject to Resource Management (National Environmental Standards for Plantation Forestry) Regulations 2017
Part 2
Standards for farming activities
8This Part applies to farms of certain size
Subpart 1—Feedlots and other stockholding areas
Feedlots
9Permitted activities
10Discretionary activities
11Non-complying activities
Stockholding areas other than feedlots
12Permitted activities: stockholding areas for small and young cattle
13Permitted activities: stockholding areas for larger and older cattle
14Discretionary activities: stockholding areas for larger and older cattle
Subpart 2—Agricultural intensification: temporary standards
15Application of this subpart
Conversions of plantation forestry to pastoral land use
16Permitted activities
17Discretionary activities
Conversions of land on farm to dairy farm land
18Permitted activities
19Discretionary activities
Irrigation of dairy farm land
20Permitted activities
21Discretionary activities
Use of land as dairy support land
22Permitted activities
23Discretionary activities
Resource consents for discretionary activities
24Discretionary activities: conditions on granting resource consents
Revocation
25Revocation of this subpart
Subpart 3—Intensive winter grazing
26Permitted activities
26APugging standard
26BGround cover standard
27Restricted discretionary activities
Intensification: temporary standards
28When regulations 29 and 30 do not apply
29Permitted activities and restricted discretionary activities: temporary further conditions
30Discretionary activities
31Revocations
Subpart 4—Application of synthetic nitrogen fertiliser to pastoral land
32Interpretation of this subpart
33Permitted activity
34Non-complying activity
35Compliance with regional rules
36Operating dairy farm: monitoring and information required
Part 3
Standards for other activities that relate to freshwater
Subpart 1—Natural inland wetlands
37When this subpart does not apply
Meaning in subpart of applying effects management hierarchy
37AMeaning in this subpart of applying effects management hierarchy
Restoration, wetland maintenance, and biosecurity of natural inland wetlands
38Permitted activities
39Restricted discretionary activities
Scientific research
40Permitted activities
41Restricted discretionary activities
Construction of wetland utility structures
42Restricted discretionary activities
Maintenance of wetland utility structures
43Permitted activities
44Restricted discretionary activities
Construction of specified infrastructure
45Discretionary activities
Quarrying activities
45ADiscretionary activities
Landfills and cleanfill areas
45BDiscretionary activities
Urban development
45CRestricted discretionary activities
Extraction of minerals and ancillary activities
45DDiscretionary activities
Maintenance and operation of specified infrastructure and other infrastructure
46Permitted activities
47Restricted discretionary activities
Sphagnum moss harvesting
48Permitted activity: existing sphagnum moss harvests
49Discretionary activity: new sphagnum moss harvests
Arable and horticultural land use
50Permitted activities
Natural hazard works
51Permitted activities
Drainage of natural inland wetlands
52Non-complying activities
53Prohibited activities
Other activities
54Non-complying activities
General matters
55General conditions on natural inland wetland activities
56Restricted discretionary activities: matters to which discretion is restricted
Subpart 2—Reclamation of rivers
56AMeaning in this subpart of applying effects management hierarchy
57Discretionary activities
Subpart 3—Passage of fish affected by structures
How this subpart applies
58Purpose of this subpart
59When multiple provisions of this subpart apply
60When this subpart does not apply
Information requirements
61Purpose of information requirements
62Requirement for all activities: information about structures and passage of fish
63Requirement for culvert activities: information about culverts
64Requirement for weir activities: information about weirs
65Requirement for flap gate activities: information about flap gates
66Requirement for dam activities: information about dams
67Requirement for ford activities: information about fords
68Requirement for certain structure activities: information about aprons and ramps
Monitoring and maintenance requirements
69Condition of resource consent for activities: monitoring and maintenance
Culverts
70Permitted activities
71Discretionary activities
Weirs
72Permitted activities
73Discretionary activities
Passive flap gates
74Non-complying activities
Part 4
Local authorities may charge for monitoring permitted activities
75What local authorities may and must not charge for
Schedule 1
Transitional, savings, and related provisions
Schedule 2
Restoration plans for natural inland wetlands
Schedule 3
Sphagnum moss harvesting plans
Schedule 4
Form for assessing natural inland wetlands after harvest of sphagnum moss
Gazette Information
Notes