Resource Management Act 1991

Freshwater farm plans

217L: Relationship between freshwater farm plan and specified instruments

You could also call this:

"How your farm's freshwater plan and other rules work together"

Illustration for Resource Management Act 1991

A freshwater farm plan can have rules about what you can do on your farm. These rules can be different from the rules in other documents, like a specified instrument. You can have stricter rules in your freshwater farm plan than in a specified instrument.

If a specified instrument has stricter rules than your freshwater farm plan, you must follow the stricter rules in the specified instrument. Following the rules in your freshwater farm plan does not mean you can do something that is not allowed. Your freshwater farm plan rules can be included in other documents, like a specified instrument, as a condition for doing something.

You need to check both your freshwater farm plan and any specified instruments to know what you are allowed to do on your farm. This is because the rules in one document can be different from the rules in another document. You must follow the stricter rules to make sure you are doing the right thing.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS376088.


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217KA: Minister may approve industry organisation to provide certification or audit services, or

"The Minister can choose an industry group to check freshwater farm plans if they meet the rules."


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217M: Regulations relating to freshwater farm plans, or

"Rules about plans for farms near freshwater in New Zealand"

Part 9AFreshwater farm plans

217LRelationship between freshwater farm plan and specified instruments

  1. A freshwater farm plan may contain a requirement that—

  2. relates to an activity carried out on the farm (an activity) even if there is no similar requirement relating to that activity in a provision of a specified instrument:
    1. restricts an activity more than a provision of a specified instrument.
      1. However, if a provision of a specified instrument restricts an activity more than a requirement of a freshwater farm plan, the provision of the specified instrument prevails.

      2. To avoid doubt, compliance with a requirement of a certified freshwater farm plan—

      3. does not of itself authorise a person to undertake an activity:
        1. may be specified or included as a requirement or condition in any specified instrument relating to an activity.
          Notes
          • Section 217L: inserted, on , by section 64 of the Resource Management Amendment Act 2020 (2020 No 30).
          • Section 217L heading: amended, on , by section 69(1) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
          • Section 217L(1): amended, on , by section 69(2) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).