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Resource Management Act 1991

Freshwater farm plans

217C: Application of this Part

You could also call this:

“This part tells you where and when the rules about freshwater farm plans start working in different parts of New Zealand.”

This part of the law only applies to specific areas of New Zealand and from certain dates. Here’s how it works:

The Governor-General can decide where and when this part of the law applies. They do this by making an official order. This order says which region, district, or part of New Zealand the law will apply to, and when it will start applying there.

The Governor-General can also change how the law applies in these areas. They can remove or change the rules about how much land needs to be affected for the law to apply.

Before the Governor-General makes these decisions, the Minister needs to do two things. First, they need to be sure that the rules are needed to make this part of the law work properly in that area. Second, they need to talk to the Minister of Agriculture about it.

When the Governor-General makes one of these orders, it becomes a type of law called secondary legislation. You can find out more about secondary legislation in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS375847.

Topics:
Environment and resources > Conservation
Environment and resources > Farming and fishing
Government and voting > Local councils
Government and voting > Government departments
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217B: Interpretation, or

“This section explains the meaning of important words and phrases used in the rules about farm plans for protecting water.”

Next

217D: Farm must have certified freshwater farm plan if it meets land use threshold, or

“Farms over a certain size or with specific types of land use must have a special plan to protect freshwater.”

Part 9A Freshwater farm plans

217CApplication of this Part

  1. This Part applies only—

  2. to a region, district, or part of New Zealand specified in an Order in Council under this section; and
    1. on and from the date specified in the Order in Council.

      1. The Governor-General may, by Order in Council, on the recommendation of the Minister, determine—

      2. that this Part applies to a specified district, region, or part of New Zealand; and
        1. the date on which this Part applies to that district, region, or part of New Zealand.

          1. The Governor-General may, by Order in Council, on the recommendation of the Minister, in relation to a region, district, or part of New Zealand to which this Part applies,—

          2. disapply a statutory land use area threshold; or
            1. disapply a statutory land use area threshold and prescribe a higher land use area threshold in its place.

              1. Before making a recommendation under subsection (2) or (2A), the Minister must—

              2. be satisfied that regulations are necessary to achieve the purpose of this Part in the specified district, region, or part of New Zealand; and
                1. consult the Minister of Agriculture.

                  1. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  Notes
                  • Section 217C: inserted, on , by section 64 of the Resource Management Amendment Act 2020 (2020 No 30).
                  • Section 217C(2A): inserted, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
                  • Section 217C(3): amended, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
                  • Section 217C(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).