Essential Freshwater Package

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The ‘Essential Freshwater’ package introduces new national rules and regulations which are designed to:

protect existing inland and coastal wetlands
protect urban and rural streams from in-filling
ensure connectivity of fish habitat (fish passage)
set minimum requirements for feedlots and other stockholding areas
improve poor practice intensive winter grazing of forage crops
restrict further agricultural intensification until the end of 2024
limit the discharge of synthetic nitrogen fertiliser to land, and require reporting of fertiliser use.

What is in the Essential Freshwater package?

The NES-FW and s360 Regulations are essentially a set of rules applied nationally, either in addition to or replacing the current rules in local resource management plans. Each of New Zealand’s regional and unitary councils are responsible for the consenting and consent monitoring associated with these regulations.

What does this mean for the Tasman District, and what is TDC doing?

Council is currently working through the requirements and working with various industry and catchment groups on how this affects land users in the Tasman Region. We are also working with all Regional Councils to apply the new legislation equally across NZ.

The legislation is evolving, and we are all learning as we go! If you have any questions on the NES-FW please email [email protected]. Our website will also be regularly updated with guidance.

The links below provide more information on each of the new regulations, along with resources and industry contacts.

There are a number of rules in the NES-FW that came into force from 3 September 2020. These include:

feedlots (excludes stockholding areas such as standoff and feed pads)
stockholding areas such as feed pads, winter pads, standoff pads and loafing pads)
agricultural intensification – including restrictions on agricultural intensification, for the following activities:
- increases in the area of land used for dairy farming, from any other type of farming, by more than 10ha
- conversion of more than 10ha of forestry to any form of pastoral farming
- increases of more than 10ha in the area of land used for irrigated pasture for dairy farming
- increases in the area of land used for dairy support activities above the annual maximum area used between 2014/15 and 2018/19
- increases in the area of land used for intensive winter grazing above the annual maximum area used between 2014/15 and 2018/19
river and wetland protection, including restrictions on:
- vegetation removal, earthworks/land disturbance, drainage or taking, damming or diverting water from in or around a natural wetland
- reclamation of rivers
- certain structures that can impede fish passage.
provision of specified information to Council on any new structures in rivers since 2 September 2020 (including any subsequent changes to them), including culverts, weirs, flap gates, dams and fords.

The above applies to farms where 20 ha or more is in arable land use; or 5 ha or more is in horticultural land use; or 20 ha or more is in pastoral land use; or 20 ha or more is in a combination of any 2 or more of the land uses described.

The remaining rules in the NES-FW apply from either 1 May or 1 July 2021. These include:

Intensive winter grazing (from 1 May 2022) (date is under review)
Stock holding areas (from 1 July 2021)
Synthetic nitrogen-fertiliser cap of 190 kg N/yr for pastoral land (from 1 July 2021) and.
Dairy Farms – provision to council of specified land and fertiliser information (from 1 July 2021 and by 31 July of each year).

Cattle (beef and dairy), deer and pigs are required to be excluded from wetlands, lakes and rivers with a bed width over 1m. The minimum setback of stock exclusion from the bed is 3m, except where existing permanent fencing is in place.

For farmers considering wider setbacks to provide for more riparian values, the Landcare Research report ‘Riparian setback distances from water bodies for high-risk land uses and activities (2020 - link below) provides guidance on recommended setbacks based on different functions of riparian areas, including for sediment and nutrient management, improving bank stability, and improving water quality and biodiversity values.

Riparian setback distances from water bodies for high-risk land uses and activities

The timeframes for these requirements vary from 1 July 2023 to 1 July 2025 depending on stock type and slope classification, except where the farm is established after 3 September 2020 in which case the requirements apply immediately.

Refer to our S tock Exclusion Regulations page for more information.

Information regarding these regulations can be found on our Requirements for water resource consents holders page

Some key changes introduced through the NPS-FM 2020 include:

the strengthening of the Te Mana o te Wai framework with a change to the hierarchy of obligations. The new hierarchy places the health and wellbeing of water bodies and freshwater ecosystems first, followed by human health and then all other uses of water
strengthened expectations and direction about involving Māori in freshwater decision-making
new requirement for long term visions and environment outcomes in each freshwater management unit (FMU)
new compulsory values and attributes
the requirement for regional councils to map, monitor and manage wetlands and obstacles to fish passage.

Work is underway to implement the NPS-FM 2020 through review of the Tasman Resource Management Plan, which will produce a new combined plan: Aorere ki uta Aorere ki tai - Tasman Environment Plan. We are anticipating the new draft plan will be available for public discussion and feedback in late 2023, with the final proposed plan publicly notified in December 2024.