Essential Freshwater package and Canterbury rules – FAQs
Updated 8 April 2021
We are collating responses to the most frequently asked questions on the Essential Freshwater package – from farmers in particular. More FAQs will be added as responses become available – and responses may be modified in light of any new information or advice received.
If you have further questions, please send them to ecinfo@ecan.govt.nz. We may not be in a position to answer these immediately but will come back to you with an indication of when an answer may become available or direct you to where a suitable answer may be found.
Topics covered:
Te Mana o te Wai
- the health and well-being of water
- the health needs of people
- the ability of people and communities to provide for their social, economic and cultural well-being.
- set a long-term vision (inter-generational) for the water that is informed by aspirations of tangata whenua and communities for what the waterbodies should look like in future, an understanding of current pressures, and an understanding of the waterbodies' history
- report on progress towards the long-term vision
- investigate options for tangata whenua involvement such as joint management agreements, and publicly report on decisions around whether to use these options.
General
- Feedlots
- Stockholding areas
- Agricultural intensification, including:
- Conversions of plantation forestry to pastoral land use
- Conversions to dairy farmland
- New irrigation of dairy farmland
- Using land for dairy support
- Intensive winter grazing
- Applying synthetic nitrogen fertiliser to pastoral land
- Activities that affect natural wetlands, including vegetation clearance and earthworks, and taking, damming, diverting or discharging water (not just within an agricultural setting)
- Reclamation of riverbeds
- Fish passage affected by structures within a river, including rules around installing culverts, weirs and passive flap gates.
- 20ha or more is in arable use; or
- 20ha or more is in pastoral use; or
- 5ha or more is in horticultural use; or
- 20ha or more is a combination of 2 or more of the land uses described above.
The NES-F rules regulating agricultural intensification apply to farms of all sizes.
Intensive winter grazing
If existing intensive winter grazing has been happening on farm before 1 May 2022 and will need a resource consent after that date, you have until 31 October 2022 to submit your application - provided the effects of the intensive winter grazing are the same or similar in character, scale and intensity to the way it was previously undertaken.
Expansions of intensive winter grazing will still require resource consent from 1 May 2021.
- the area used must not exceed 50ha or 10% of the farm, whichever is greater; and
- the slope of the paddock must not exceed 10 degrees; and
- any paddock used for intensive winter grazing cannot result in pugging deeper than 20cm at any point, while pugging that is 5cm or deeper cannot cover more than 50% of the paddock; and
- livestock must be kept at least 5m from the bed of any river, lake, wetland, or drain (regardless of whether there is any water in it at the time); and
- land used for intensive winter grazing must be replanted as soon as practicable after livestock have grazed the land’s annual forage crop (but no later than 1 October of the same year); and
- the total area used for intensive winter grazing must be no greater than the maximum area used for intensive winter grazing in any single season between 1 July 2014 and 30 June 2019.
Because ryegrass is a pasture, an annual ryegrass crop would not be considered an annual forage crop.
Cap for synthetic nitrogen fertiliser application
- as an average over the entire property; and
- to each hectare (excluding land used to grow annual forage crops).
Yes. If you have a resource consent for the use of land for farming, you will still need to comply with rules in the NES-F that restrict applications of synthetic nitrogen fertiliser on to pastoral farms. If you cannot comply with the nitrogen cap (190 kg N/ha/yr), you will need to apply for an additional resource consent.
If at 1 July 2021, you cannot meet the 190 kg N/ha/yr cap (at both property and hectare level), you will need to apply for a resource consent.
If you intend to reduce synthetic nitrogen applications below the nitrogen cap but need more time, you can apply for a short duration consent to cover the transition period. The property would need to be operating at or below the nitrogen cap by 1 July 2023. Alternatively, consent can be sought for a longer duration (a maximum of 5 years), but in this case a more comprehensive application would be required.
Rules for rivers
The LWRP defines a river in the same way as the Resource Management Act (RMA) as:
A continually or intermittently flowing body of fresh water; and includes a stream and modified watercourse; but does not include any artificial watercourse (including an irrigation canal, water supply race, canal for the supply of water for electricity power generation, and farm drainage canal).
The NPS-FM does not define a river.
However, the Stock Exclusion Regulations refer to “wide rivers” and define them as:
A river (as defined in the Act) with a bed that is wider than one metre anywhere in a land parcel.
The Essential Freshwater package aims to avoid any further loss or degradation of riverbed habitat and values by ensuring that:
- Activities that may result in these losses are avoided if at all possible; but
- Where there is a functional need for an activity to occur, there is an “Effects Management Hierarchy” that must be followed. This should be addressed as part of any application for resource consent that may affect river values.
The Effects Management Hierarchy, in relation to natural inland wetlands and rivers, is an approach to managing the adverse effects of an activity on the extent or values of a wetland or river (including cumulative effects and loss of potential value). It requires that:
a) adverse effects are avoided where practicable; and
b) where adverse effects cannot be avoided, they are minimised where practicable; and
c) where adverse effects cannot be minimised, they are remedied where practicable; and
d) where more than minor residual adverse effects cannot be avoided, minimised or remedied, aquatic offsetting is provided where possible; and
e) if aquatic offsetting of more than minor residual adverse effects is not possible, aquatic compensation is provided; and
f) if aquatic compensation is not appropriate, the activity itself is avoided.
These are defined as follows:
Aquatic compensation means a conservation outcome resulting from actions that are intended to compensate for any more than minor residual adverse effects on a wetland or river after all appropriate avoidance, minimisation, remediation, and aquatic offset measures have been sequentially applied.
Aquatic offset means a measurable conservation outcome resulting from actions that are intended to:
a) redress any more than minor residual adverse effects on a wetland or river after all appropriate avoidance, minimisation, and remediation, measures have been sequentially applied; and
b) achieve no net loss, and preferably a net gain, in the extent and values of the wetland or river, where:
i) no net loss means that the measurable positive effects of actions match any loss of extent or values over space and time, taking into account the type and location of the wetland or river; and
ii) net gain means that the measurable positive effects of actions exceed the point of no net loss.
Rules for wetlands
The LWRP defines a wetland as including:
1. wetlands which are part of river, stream and lake beds;
2. natural ponds, swamps, marshes, fens, bogs, seeps, brackish areas, mountain wetlands, and other naturally wet areas that support an indigenous ecosystem of plants and animals specifically adapted to living in wet conditions, and provide a habitat for wildlife;
3. coastal wetlands above mean high water springs;
but excludes:
a) wet pasture or where water temporarily ponds after rainfall;
b) artificial wetlands used for wastewater or stormwater treatment except where they are listed in Sections 6 to 15 of this Plan;
c) artificial farm dams, drainage canals and detention dams; and
d) reservoirs for firefighting, domestic or community water supply.
The NPS-FM refers to a "natural wetland" as meaning:
A wetland (as defined in the Act) that is not:
a) a wetland constructed by artificial means (unless it was constructed to offset impacts on, or restore, an existing or former natural wetland); or
b) a geothermal wetland; or
c) any area of improved pasture that, at the commencement date, is dominated by (that is more than 50 percent of) exotic pasture species and is subject to temporary rain-derived water pooling.
The above refers to the definition of wetland in the RMA, which reads:
Includes permanently or intermittently wet areas, shallow water, and land water margins that support a natural ecosystem of plants and animals that are adapted to wet conditions.
The NPS-FM also separately defines a “natural inland wetland” as comprising a "natural wetland" that is not within the coastal marine area.
See the Ministry for the Environment’s Wetlands factsheet for more information on the management of wetlands under the Essential Freshwater package.
The Essential Freshwater package aims to halt the ongoing loss of wetlands and their values by ensuring that:
- Activities that may result in losses of natural wetlands are avoided where at all possible, although there are some limited exemptions; and
- Where those exemptions are met, activities are subject to the “Effects Management Hierarchy”.
The Effects Management Hierarchy, in relation to natural inland wetlands and rivers, means an approach to managing the adverse effects of an activity on the extent or values of a wetland or river (including cumulative effects and loss of potential value) that requires that:
a) adverse effects are avoided where practicable; and
b) where adverse effects cannot be avoided, they are minimised where practicable; and
c) where adverse effects cannot be minimised, they are remedied where practicable; and
d) where more than minor residual adverse effects cannot be avoided, minimised, or remedied, aquatic offsetting is provided where possible; and
e) if aquatic offsetting of more than minor residual adverse effects is not possible, aquatic compensation is provided; and
f) if aquatic compensation is not appropriate, the activity itself is avoided.
The NES-F includes controls on activities within 100 metres of a natural wetland. In addition, the Stock Exclusion Regulations 2020 include controls on stock within wetlands. It is important to check the Essential Freshwater package requirements and the requirements of regional plan(s) before undertaking any activities within 100 metres of wetlands to determine which controls apply and whether a resource consent is required.
These are defined as follows:
Aquatic compensation means a conservation outcome resulting from actions that are intended to compensate for any more than minor residual adverse effects on a wetland or river after all appropriate avoidance, minimisation, remediation, and aquatic offset measures have been sequentially applied.
Aquatic offset means a measurable conservation outcome resulting from actions that are intended to:
a) redress any more than minor residual adverse effects on a wetland or river after all appropriate avoidance, minimisation, and remediation, measures have been sequentially applied; and
b) achieve no net loss, and preferably a net gain, in the extent and values of the wetland or river, where:
i) no net loss means that the measurable positive effects of actions match any loss of extent or values over space and time, taking into account the type and location of the wetland or river; and
ii) net gain means that the measurable positive effects of actions exceed the point of no net loss.
- Vegetation clearance within a wetland, or within a 10 m setback from a wetland;
- Earthworks or land disturbance within a wetland, or within a 10 m setback from a wetland;
- Taking, use, damming, diversion, or discharge of water within a wetland, or within a 100 m setback from a wetland.
- Vegetation clearance and earthworks and land disturbance within, or within a 10 m setback from, a wetland; and
- The taking, use, damming, diversion, or discharge of water within, or within a 100 m setback from, a wetland.
- a.) The general conditions on wetland activities in Regulation 55 (see below); and
- b.) The activity does not result in new pathways or other accessways; and
- c.) If the activity is vegetation clearance, earthworks or land disturbance the activity must not:
a. Occur over a single area within the wetland that is more than 10 m²; or
b. Occur over a total area within the wetland that is more than 100 m²;
The last condition does not apply if the earthworks or land disturbance is for planting.
Where the above conditions cannot be met, an activity being conducted for scientific research within or within a setback from a wetland becomes a restricted discretionary activity.
Further, the general conditions in Regulation 55 relating to water quality and movement state that the activity:
- Must not result in discharge of contaminants; and
- Must not increase the level of floodwaters that would inundate any part of the 1% Annual Exceedance Probability (AEP) floodplain; and
- Must not involve taking or discharging water to or from any wetland;
- Must not involve taking or discharging water to or from any wetland; and
- Debris and sediment must not be allowed within, or within a 10 m setback of, any wetland.
- Timing the activity to ensure low risk of flooding
- Limiting the duration of the activity for only as long as necessary to achieve its purpose
- Recording the original condition of the affected wetland/s (eg photographs)
- Restricting dam heights to no more than 600 m
- Limiting the maximum mesh spacing on any fish screen to no more than 3 mm on the intake.
- During and after the activity, erosion and sediment control measures must be applied and maintained at the site
- Stabilising or containing soil that is exposed or disturbed by the activity as soon as practicable after the activity ends
- The above measure must remain in place until the site reaches 80% vegetation cover
- If the activity is vegetation clearance, it must not result in earth remaining bare for longer than 3 months.
- Only indigenous species appropriate to a wetland may be planted
- The activity must not result in the smothering of indigenous vegetation by debris and sediment, and the activity must not disturb the roosting or nesting of indigenous birds during their breeding season
- The activity must not disturb an area listed in the Land & Water Regional Plan (LWRP) or any water conservation order as a habitat for threatened indigenous fish
- The activity must not, during a spawning season, disturb an area that is listed in the LWRP or a water conservation order as a fish spawning area.
The LWRP also includes rules that manage wetlands.
Stock exclusion
The Stock Exclusion Regulations 2020, part of the Essential Freshwater package, require stock to be excluded from lakes and "wide rivers", with a three-metre minimum setback. See the next question for the definition.
The three-metre minimum setback does not apply where a permanent fence was already in place on 3 September 2020. A “permanent fence” is defined in the Stock Exclusion Regulations as:
a) a post and batten fence with driven or dug fence posts; or
b) an electric fence with at least 2 electrified wires and driven or dug fence posts; or
c) a deer fence.
The Stock Exclusion Regulations define "wide rivers" as a river with a bed wider than one metre anywhere within a land parcel. A river is defined the same way as in the RMA and includes both flowing rivers and intermittently flowing rivers. The definition does not extend to drains or stockwater races. However, the correct classification of a waterbody is not always obvious. If in doubt, contact us.
While stock exclusion under the Stock Exclusion Regulations also applies to wetlands, the setback distance does not apply.
The date from which stock must be excluded from rivers and wetlands varies depending on the type of stock and the circumstances. The LWRP also includes requirements for stock exclusion from waterbodies.
The Stock Exclusion Regulations define "stock" as:
a) beef cattle, dairy cattle, dairy support cattle, deer, or pigs; and
b) to avoid doubt, does not include any feral animal.
The Stock Exclusion Regulations do not apply to sheep.
For beef cattle and deer, the definition of "intensively grazing" is:
a) break feeding; or
b) grazing on annual forage crops; or
c) grazing on pasture that has been irrigated with water in the previous 12 months.
The LWRP has different definitions. It does not define "stock" but defines "intensively farmed stock" as:
1. cattle or deer grazed on irrigated land or contained for break-feeding of winter feed crops;
2. dairy cattle, including cows, whether dry or milking, and whether on irrigated land or not;
3. farmed pigs.
The LWRP also includes rules that apply to sheep in some situations.
The Stock Exclusion Regulations say stock are allowed to cross rivers and lakes provided they are supervised and actively driven across the waterbody, and provided they do not cross the same river or lake more than twice in any month.
Where stock will be crossing a river or lake more than twice in any month, a dedicated bridge or culvert must be installed.
Under the LWRP, stock crossing is a permitted activity in some circumstances. To ensure resource consent is not required, you should approach us for advice.
Rivers and lakes
Stock Exclusion Regulations
All new pig operations established on or after 3 September 2020 must exclude pigs from rivers and lakes. By 1 July 2023, all pig farms (including those that existed on 3 September 2020) must exclude pigs from rivers and lakes.
LWRP
Access by pigs to rivers and lakes requires resource consent.
Wetlands
Stock Exclusion Regulations
- 3 September 2020 – all new pig operations established on or after this date must exclude pigs from wetlands.
- 1 July 2023 – by this date, all pig farms must exclude pigs from natural wetlands identified in an operative (as at 3 September 2020) regional plan, district plan or regional policy statement.
- 1 July 2025 – all pig farms must exclude pigs from natural wetlands that support “threatened species” and that are larger than 500 square metres on "low slope" land (as shown on MfE maps).
LWRP
Access by pigs to wetlands requires resource consent.
Rivers and lakes
Stock Exclusion Regulations
- 3 September 2020 – all new beef operations established on or after this date must exclude stock from rivers and lakes.
- 1 July 2023 – by this date, beef cattle that are intensively grazed on any terrain must be excluded from rivers and lakes.
- 1 July 2025 – beef cattle on "low slope” land (as shown on MfE maps) must be excluded from rivers and lakes.
LWRP
Access by beef cattle to rivers and lakes is a permitted activity in some circumstances. To ensure resource consent is not required for any other aspect of the operation, you should approach us for advice.
Wetlands
Stock Exclusion Regulations
- 3 September 2020 – all new beef operations established on or after this date must exclude stock from wetlands.
- 1 July 2023 – by this date, all beef farms must exclude stock from natural wetlands identified (as at 3 September 2020) in the LWRP, a district plan or regional policy statement
- 1 July 2025 – all beef farms must exclude stock from natural wetlands that support a threatened species (as per the NPS-FM) and that are larger than 500 square metres on "low slope" land (as shown on MfE maps).
LWRP
Access by beef cattle to wetlands is a permitted activity in some circumstances. To ensure resource consent is not required for any other aspect of the operation, you should approach us for advice.
Rivers and lakes
Stock Exclusion Regulations
- 3 September 2020 – all new deer operations established on or after this date must exclude stock from rivers and lakes.
- 1 July 2023 – by this date, intensively grazed deer must be excluded.
- 1 July 2025 – deer on "low slope" land (as per MfE maps) must be excluded.
LWRP
Access by deer to rivers and lakes is a permitted activity in some circumstances. To ensure resource consent is not required for any other aspect of the operation, you should approach us for advice.
Wetlands
Stock Exclusion Regulations
- 3 September 2020 – All new deer operations established on or after this date must exclude stock from wetlands.
- 1 July 2023 – by this date, deer must be excluded from natural wetlands identified (as at 3 September 2020) in the LWRP, a district plan or regional policy statement.
- 1 July 2025 – deer must be excluded from natural wetlands that support a threatened species (as per the NPS-FM) and that are larger than 500 square metres on "low slope" land (as shown on MfE maps).
LWRP
Access by deer to wetlands is a permitted activity in some circumstances. To ensure resource consent is not required for any other aspect of the operation, you should approach us for advice.
Rivers and lakes
Stock Exclusion Regulations
- 3 September 2020 – all new dairy farms established on or after this date must exclude stock from rivers and lakes.
- 1 July 2023 – by this date, all existing dairy farms must exclude stock from rivers and lakes.
- 1 July 2025 – no additional rules apply to dairy cows on this date.
LWRP
Access by dairy cattle to rivers and lakes requires resource consent.
Wetlands
Stock Exclusion Regulations
- 3 September 2020 – all new dairy farms established on or after this date must exclude stock from wetlands.
- 1 July 2023 – from this date, dairy cows must be excluded from natural wetlands identified (as at 3 September 2020) in the LWRP, a district plan or regional policy statement.
- 1 July 2025 – dairy cows must be excluded from natural wetlands that support a "threatened species" (as per the NPS-FM) and that are larger than 500 square metres on "low slope" land (as shown on MfE maps).
LWRP
Access by dairy cattle to wetlands requires resource consent.
Rivers and lakes
Stock Exclusion Regulations
- 3 September 2020 – all new dairy support operations established on or after this date must exclude stock from rivers and lakes.
- 1 July 2023 – no additional rules apply to dairy support cows on this date.
- 1 July 2025 – by this date, all dairy support operations must exclude stock from rivers and lakes.
LWRP
Access by dairy support cows to rivers and lakes requires resource consent.
Wetlands
Stock Exclusion Regulations
- 3 September 2020 – all new dairy support operations established on or after this date must exclude stock from wetlands.
- 1 July 2023 – by this date, dairy support cows must be excluded from natural wetlands identified (as at 3 September 2020) in the LWRP, a district plan or regional policy statement.
- 1 July 2025 – dairy support cows must be excluded from natural wetlands that support a "threatened species" (as per the NPS-FM) and that are larger than 500 square metres on "low slope" land (as shown on MfE maps).
LWRP
Access by dairy support cattle to wetlands requires resource consent.
Land Use Intensification
Farm means a landholding the activities on which include agriculture.
Intensive winter grazing means grazing 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.
Landholding means one or more parcels of land (whether or not they are contiguous) that are managed as a single operation.
Pastoral land means the use of land for the grazing of livestock.
Setback, in relation to an activity in the vicinity of a natural wetland, means the distance measured horizontally from the boundary of the natural wetland that creates a buffer within which the activity cannot take place except in accordance with these regulations.
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 farmland means land on a farm that is used for grazing dairy cattle.
Dairy support land means land on a farm that is used for grazing dairy support 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.
- 10 ha of plantation forestry to pastoral land use;
- 10 ha of farmland to dairy farmland;
- 10 ha of non-irrigated dairy farmland to irrigated dairy farmland.
A resource consent is not required to continue existing irrigation of dairy farm land under the NES-F provided that the farm was being irrigated in the 12 months before 2 September 2020, and provided that at all times the area of the farm to be irrigated does not exceed:
- the maximum area of the farm irrigated in that 12-month period; plus
- 10 hectares.
From 1 May 2021, use of land for intensive winter grazing is a permitted activity if:
- land on the farm was used for intensive winter grazing at some point during the “reference period” (1 July 2014 – 30 June 2019);
- the area of the farm formerly used for intensive winter grazing does not exceed the maximum area of the farm used for intensive winter grazing during the reference period; and
- it is undertaken in accordance with either (1) or (2):
1) a) The area used for intensive winter grazing is no greater than 50 ha or 10% of the farm (whichever is greater); and
b) The mean slope of any paddock used for intensive winter grazing cannot exceed 10 degrees; and
c) Pugging from the activity must not exceed 20 cm (except within 10 m of gates and troughs), and must not cover more than 50% of the paddock; and
d) Livestock must be kept at least 5 m from waterways; and
e) Land used for the intensive winter grazing must be replanted as soon as practicable after grazing, but no later than 1 October of the same year; or
2) Once available, a certified freshwater farm plan and the certifier of that plan certifies that any adverse effects are no greater than if it was undertaken in accordance with option 1.
The use of land for intensive winter grazing is a discretionary activity if it does not comply with the above conditions.
Using land for holding cattle in a stockholding area (other than a feedlot area) is a permitted activity under the NES-F provided this condition can be met:
90% of the cattle in the stockholding area must:a) Be no more than 4 months old; or
b) Weigh no more than 120 kg.
Further, land may be used for holding larger and older cattle in a stockholding area (other than a feedlot) and it is also a permitted activity if it does not meet the above rules but complies with one of the following two conditions:
Either:
The holding of cattle in the stockholding area must be in accordance with the farm’s certified freshwater plan if:
a) The farm has a freshwater farm plan that applies to holding cattle in the stockholding area; and
b) A certifier has stated that the adverse effects allowed for by the plan in relation to the holding of cattle in the stockholding area are no greater than those allowed in the following condition.
Or:
a) The base area of the stockholding area must be sealed to a minimum permeability standard of 10-9 m/s; and
b) Effluent expelled in the stockholding area must be collected, stored and disposed of in accordance with a rule in the Land & Water Regional Plan (LWRP) or a resource consent; and
c) The stockholding area must be at least 50 m away from any waterbody, any water abstraction bore, any drain, and the coastal marine area.
Where the above conditions cannot be met, holding cattle in a stockholding area becomes a discretionary activity under the NES-F.
Farmers should also refer to the LWRP, which includes additional rules managing stockholding areas.
More information
- View Ministry for the Environment factsheets on policies and regulations in the Essential Freshwater package.
- See our advice on the Essential Freshwater package, and our initial advice on Te Mana o Te Wai and resource consents.
- Download technical documents for consent applicants.