Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Freshwater farm plans

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

You could also call this:

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

You need to have a certified freshwater farm plan for your farm if it meets certain size requirements. You need a plan if your farm has 20 or more hectares of arable land, 5 or more hectares of horticultural land, or 20 or more hectares of pastoral land. You also need a plan if your farm has a certain amount of other types of agricultural land, as set by the government in section 217M(1)(b). If your farm has a mix of these different land uses adding up to 20 or more hectares, you need a plan too.

Sometimes, these size requirements might change. The government can make an order to remove a size requirement or to increase it. If this happens, you follow the new rules instead.

When you have a certified freshwater farm plan, it covers your entire farm, not just parts of it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS375849.

Topics:
Environment and resources > Farming and fishing
Environment and resources > Conservation
Health and wellbeing > Food and water safety
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217C: Application of this Part, or

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

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217E: Main duties of farm operators, or

“Farm operators must create, follow, and update a special plan to protect freshwater on their farms.”

Part 9A Freshwater farm plans

217DFarm must have certified freshwater farm plan if it meets land use threshold

  1. A farm must have a certified freshwater farm plan if—

  2. 20 or more hectares of the farm is arable land use; or
    1. 5 or more hectares of the farm is horticultural land use; or
      1. 20 or more hectares of the farm is pastoral land use; or
        1. a prescribed area of the farm is other agricultural land use prescribed in regulations made under section 217M(1)(b); or
          1. 20 or more hectares of the farm is a combination of any 2 or more of the land uses described above.

            1. However,—

            2. if an order made under section 217C(2A)(a) disapplies a statutory land use area threshold, a farm is not subject to that threshold; and
              1. if an order made under section 217C(2A)(b) disapplies a statutory land use area threshold and prescribes a higher land use area threshold in its place, a farm is subject to the higher threshold.

                1. A certified freshwater farm plan applies to the entire farm.

                Notes
                • Section 217D: inserted, on , by section 64 of the Resource Management Amendment Act 2020 (2020 No 30).
                • Section 217D(1A): inserted, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).