Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Freshwater farm plans

217H: Audit of farm for compliance with certified freshwater farm plan

You could also call this:

“A farmer must let someone check if they're following the rules to keep water clean on their farm.”

You need to have your farm checked to make sure it follows the rules in your certified freshwater farm plan. You must arrange for an auditor to check your farm within the time set by the rules. You also need to arrange for more checks to happen as often as the rules say.

The check must be done in the way the rules say. You need to give the auditor an up-to-date copy of your certified freshwater farm plan and any important information. If the auditor asks for more information to do the check, you need to give it to them. You also need to let the auditor visit your farm to inspect it.

After the check, the auditor will give you a report. This report will say if your farm is following the rules in your certified freshwater farm plan. If your farm is following the rules, the auditor will also give the report to your regional council.

If the auditor finds that your farm is not following the rules, their report will explain why. It will also say when you need to fix things by. The report might suggest ways to fix the problems. The auditor will let you respond to the report. After a set time, the auditor will give you and your regional council a final report. This final report will say what the auditor found, whether you fixed the problems, and any suggestions the auditor has.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS376080.

Topics:
Environment and resources > Farming and fishing
Environment and resources > Conservation
Government and voting > Local councils
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217G: Certification of freshwater farm plan, or

“A farm operator must have their freshwater farm plan checked and approved by an expert within a set time.”

Next

217I: Functions of regional councils, or

“Regional councils make sure farms follow the rules about water and can check their plans.”

Part 9A Freshwater farm plans

217HAudit of farm for compliance with certified freshwater farm plan

  1. A farm operator must—

  2. arrange, within the prescribed time frame, for an auditor to audit the farm for compliance with the certified freshwater farm plan; and
    1. arrange for further audits to be carried out at the frequency required by regulations.

      1. The audit must be completed in the manner prescribed in regulations.

      2. The farm operator must provide the auditor with—

      3. an up-to-date copy of the certified freshwater farm plan and any relevant information; and
        1. any further information that the auditor reasonably requests for the purpose of the audit; and
          1. reasonable access to the farm (or any part of it) for the purpose of any audit inspection.

            1. After completing the audit, the auditor must—

            2. provide the farm operator with a report of the auditor’s findings on whether the farm achieves compliance with the certified freshwater farm plan; and
              1. if the auditor finds that the farm achieves compliance, provide that report to the relevant regional council.

                1. If the auditor finds that the farm fails to achieve compliance with the certified freshwater farm plan,—

                2. the auditor’s report—
                  1. must include reasons why the farm failed to achieve compliance; and
                    1. specify reasonable time frames by which compliance must be achieved; and
                      1. may include recommendations on how compliance may be achieved; and
                      2. the auditor must give the farm operator a reasonable opportunity to respond to the report; and
                        1. the auditor must, after the prescribed period has expired, provide the farm operator and the relevant regional council with a final report—
                          1. setting out the auditor’s findings (including the findings of the first report); and
                            1. stating whether compliance was achieved; and
                              1. including any recommendations from the auditor.

                              Notes
                              • Section 217H: inserted, on , by section 64 of the Resource Management Amendment Act 2020 (2020 No 30).