Resource Management (National Environmental Standards for Freshwater) Regulations 2020

Part 1 Preliminary provisions

3 Interpretation

In these regulations, unless the context otherwise requires,—

annual forage crop means a crop that is grazed in the place where it is grown, but does not include—

(a)

pasture; or

(b)

a crop that is grown for arable land use or horticultural land use (as those terms are defined in section 217B of the Act)

apron means a hard (generally concrete) surface layer constructed at the entrance or outlet of a structure to protect the structure from erosion

arable land use has the meaning given by section 217B of the Act

bed substrate means the material that makes up the bed of any river or connected area (for example, sand, silt, gravel, cobbles, boulders, or bedrock)

biosecurity has the meaning given by the National Policy Statement for Freshwater Management

certified freshwater farm plan has the meaning given by section 217B of the Act

certifier has the meaning given by section 217B of the Act

cleanfill area has the meaning given by the National Planning Standards 2019

critical source area means a landscape feature such as a gully, swale, or depression that—

(a)

accumulates runoff from adjacent land; and

(b)

delivers, or has the potential to deliver, 1 or more contaminants to 1 or more rivers, lakes, wetlands, or drains, or their beds (regardless of whether there is any water in them at the time)

culvert means a pipe, box structure, or covered or arched channel that has an inlet and outlet that is in, and that connects the water or bed of, the same river or connected area

dairy cattle—

(a)

means cattle farmed for producing milk; and

(b)

includes—

(i)

any bull on the farm whose purpose is mating with those cattle; and

(ii)

unweaned calves of those cattle; but

(c)

does not include dairy support cattle

dairy farm land means land on a farm that is used for grazing dairy cattle

dairy support cattle means cattle that—

(a)

are farmed for producing milk, but are not being milked (for example, because they are heifers or have been dried off); and

(b)

are grazed on land that is not grazed by dairy cattle

dairy support land means land on a farm that is used for grazing dairy support cattle

dam, in subpart 3 of Part 3 (passage of fish affected by structures), means a structure—

(a)

whose purpose is to impound water behind a wall across the full width of any river or connected area; and

(b)

that is not a weir

distribution network—

(a)

means lines and associated equipment that are used for conveying electricity and are operated by a business engaged in the distribution of electricity; but

(b)

does not include lines and associated equipment that are part of the national grid

drain—

(a)

has the meaning given by the National Planning Standards 2019; but

(b)

in regulation 26, excludes any subsurface drain

earthworks has the meaning given by the National Planning Standards 2019

ecosystem health has the meaning given by the National Policy Statement for Freshwater Management

effects management hierarchy has the meaning given by the National Policy Statement for Freshwater Management

farm means a landholding whose activities include agriculture

feedlot means a stockholding area where cattle—

(a)

are kept for at least 80 days in any 6-month period; and

(b)

are fed exclusively by hand or machine

flap gate means a hinged gate that controls fluctuations in tidal or flood water, such as a tide gate or flood gate

ford means a structure that—

(a)

is artificial, shallow, and designed for crossing any river or connected area; and

(b)

is in contact with most of the width of the bed of the river or connected area

functional need has the meaning given by the National Policy Statement for Freshwater Management

harvest operator, in relation to a harvest of sphagnum moss, means the person who is responsible for the organisation and operation of the harvest

horticultural land use has the meaning given by section 217B of the Act

hydro-electricity infrastructure means infrastructure for generating hydro-electricity that is to be transmitted through the national grid or a distribution network

hydrological regime means the characteristic changes in hydrological variables over time, including changes to water levels, water flows, and discharges of water

intensive winter grazing—

(a)

means the grazing of livestock on an annual forage crop at any time in the period that begins on 1 May and ends with the close of 30 September of the same year; and

(b)

for the purpose of determining whether and how section 20A(2) of the Act applies to any requirement to obtain a resource consent under subpart 3 of Part 2 of these regulations, includes activities on a farm that support intensive winter grazing and may occur year-round, such as the preparation and sowing of land for grazing and the cultivation of annual forage crops

irrigation means the activity of applying water to land by means of a constructed system for the purpose of assisting production of vegetation or stock on that land

land disturbance has the meaning given by the National Planning Standards 2019

landfill has the meaning given by the National Planning Standards 2019

landholding means 1 or more parcels of land (whether or not they are contiguous) that are managed as a single operation

Māori freshwater values has the meaning given by the National Policy Statement for Freshwater Management

national grid has the meaning given by regulation 3(1) of the Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009

National Planning Standards 2019 means the National Planning Standards whose approval under section 58E of the Act was notified on 5 April 2019 (as amended or replaced from time to time)

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)

natural inland wetland has the meaning given by the National Policy Statement for Freshwater Management

non-passive flap gate means a flap gate whose opening and closing is controlled by an automated and powered system (for example, electric or hydraulic) when the water reaches certain levels

other infrastructure means infrastructure, other than specified infrastructure, that was lawfully established before, and in place at, the close of 2 September 2020

passive flap gate means a flap gate whose opening or closing—

(a)

is caused by a positive head differential on the upstream or downstream side, respectively; and

(b)

is not controlled by an automated and powered system (for example, electric or hydraulic) when the water reaches certain levels

pastoral land use has the meaning given by section 217B of the Act

pest has the meaning given by section 2(1) of the Biosecurity Act 1993

plantation forestry has the meaning given by regulation 3(1) of the Resource Management (National Environmental Standards for Plantation Forestry) Regulations 2017

pugging means the penetration of soil to a depth of 5 cm or more by the hooves of grazing livestock

quarrying activities has the meaning given by the National Planning Standards 2019

reclamation has the meaning given by the National Planning Standards 2019

reference period means the period that started on 1 July 2014 and ended with the close of 30 June 2019

restoration has the meaning given by the National Policy Statement for Freshwater Management

river or connected area means—

(a)

a river; or

(b)

any part of the coastal marine area that is upstream from the mouth of a river

sacrifice paddock means an area on which—

(a)

cattle are repeatedly, but temporarily, contained (typically during extended periods of wet weather); and

(b)

the resulting damage caused to the soil by pugging is so severe as to require resowing with pasture species

sediment control measures means measures or structures that do 1 or more of the following:

(a)

stop sediment from being washed away from its source:

(b)

slow or stop water with sediment in it so that the sediment drops out of suspension before the water reaches a water body:

(c)

divert the flow of water so that it is does not become contaminated with sediment

setback, in relation to an activity in the vicinity of a natural inland wetland, means the distance measured horizontally from the boundary of the natural inland wetland that creates a buffer within which the activity cannot take place except in accordance with these regulations

shelter belt has the meaning given by regulation 3(1) of the Resource Management (National Environmental Standards for Plantation Forestry) Regulations 2017

specified infrastructure has the meaning given by the National Policy Statement for Freshwater Management

stockholding area—

(a)

means an area for holding cattle at a density that means pasture or other vegetative ground cover cannot be maintained (for example, feed pads, winter pads, standoff pads, and loafing pads); but

(b)

does not include an area used for pastoral purposes that is in the nature of a stockyard, milking shed, wintering barn, or sacrifice paddock

unwanted organism has the meaning given by section 2(1) of the Biosecurity Act 1993

values, in relation to a natural inland wetland, means the ability of the wetland to provide for any of the following:

(a)

ecosystem health:

(b)

Māori freshwater values:

(c)

hydrological functioning:

(d)

indigenous biodiversity:

(e)

amenity

vegetation clearance—

(a)

means the disturbance, damage, destruction, or removal of vegetation by any means (for example, by cutting, crushing, application of chemicals, or burning); and

(b)

includes activities that result in the disturbance, damage, destruction, or removal of vegetation (for example, over-planting, applying the seed of exotic pasture species, mob-stocking, or draining away water); but

(c)

does not include—

(i)

the removal of sphagnum moss for the purpose of a harvest in accordance with regulation 48 or 49; or

(ii)

the crushing of other vegetation for the purpose of maintaining the dominance of sphagnum moss, if the crushing is carried out during a harvest of sphagnum moss or to rehabilitate the moss after it is harvested; or

(iii)

an activity described in paragraph (a) or (b) that is for the maintenance or construction of fencing for the purpose of excluding stock or marking property boundaries; or

(iv)

an activity described in paragraph (a) or (b) that is for the maintenance of shelter belts; or

(v)

grazing

weir means an open-topped structure across the full width of any river or connected area that—

(a)

alters the water level and the flow characteristics of the water; and

(b)

allows water to flow passively through or over the top

well-functioning urban environment has the meaning given by the National Policy Statement on Urban Development 2020

wetland maintenance has the meaning given by the National Policy Statement for Freshwater Management

wetland utility structure—

(a)

means a structure placed in or adjacent to a wetland whose purpose, in relation to the wetland, is recreation, education, conservation, restoration, or monitoring; and

(b)

for example, includes the following structures that are placed in or adjacent to a wetland for a purpose described in paragraph (a):

(i)

jetties:

(ii)

boardwalks and bridges connecting them:

(iii)

walking tracks and bridges connecting them:

(iv)

signs:

(v)

bird-watching hides:

(vi)

monitoring devices:

(vii)

maimai

wetted margin, for a structure in any river or connected area, means an area that—

(a)

has shallow water that flows at low velocity; and

(b)

is at the edges of the water flow; and

(c)

is continuous over the length of the structure; and

(d)

is suitable for the passage of climbing species of fish.

Regulation 3 annual forage crop: replaced, on 1 May 2022, by regulation 5(1) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations 2022 (SL 2022/119).

Regulation 3 biosecurity: inserted, on 5 January 2023, by regulation 4(2) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations (No 2) 2022 (SL 2022/320).

Regulation 3 cleanfill area: inserted, on 5 January 2023, by regulation 4(2) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations (No 2) 2022 (SL 2022/320).

Regulation 3 critical source area: inserted, on 1 May 2022, by regulation 5(4) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations 2022 (SL 2022/119).

Regulation 3 drain: replaced, on 1 May 2022, by regulation 5(2) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations 2022 (SL 2022/119).

Regulation 3 effects management hierarchy: inserted, on 5 January 2023, by regulation 4(2) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations (No 2) 2022 (SL 2022/320).

Regulation 3 functional need: inserted, on 5 January 2023, by regulation 4(2) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations (No 2) 2022 (SL 2022/320).

Regulation 3 improved pasture: revoked, on 5 January 2023, by regulation 4(1) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations (No 2) 2022 (SL 2022/320).

Regulation 3 intensive winter grazing: replaced, on 1 May 2022, by regulation 5(3) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations 2022 (SL 2022/119).

Regulation 3 landfill: inserted, on 5 January 2023, by regulation 4(2) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations (No 2) 2022 (SL 2022/320).

Regulation 3 natural inland wetland: inserted, on 5 January 2023, by regulation 4(2) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations (No 2) 2022 (SL 2022/320).

Regulation 3 natural wetland: revoked, on 5 January 2023, by regulation 4(1) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations (No 2) 2022 (SL 2022/320).

Regulation 3 pugging: replaced, on 28 August 2020, by regulation 4 of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations 2020 (LI 2020/228).

Regulation 3 quarrying activities: inserted, on 5 January 2023, by regulation 4(2) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations (No 2) 2022 (SL 2022/320).

Regulation 3 setback: amended, on 5 January 2023, by regulation 4(3) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations (No 2) 2022 (SL 2022/320).

Regulation 3 values: amended, on 5 January 2023, by regulation 4(4) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations (No 2) 2022 (SL 2022/320).

Regulation 3 vegetation clearance paragraph (c)(v): replaced, on 5 January 2023, by regulation 4(5) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations (No 2) 2022 (SL 2022/320).

Regulation 3 well-functioning urban environment: inserted, on 5 January 2023, by regulation 4(2) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations (No 2) 2022 (SL 2022/320).

Regulation 3 wetland maintenance: inserted, on 5 January 2023, by regulation 4(2) of the Resource Management (National Environmental Standards for Freshwater) Amendment Regulations (No 2) 2022 (SL 2022/320).