217MRegulations relating to freshwater farm plans

1. The Governor-General may, by Order in Council made on the recommendation of the Minister after consulting the Minister of Agriculture, make regulations that—

2. prescribe crops for the purpose of the definition of arable land use in section 217B:
3. prescribe agricultural land uses for the purpose of the definition of farm in section 217B:
4. prescribe the area of land described in section 217D(1)(d) (in relation to agricultural land use prescribed under paragraph (b)):
5. provide for the content of a freshwater farm plan, including (without limitation) specifying—
   1. any requirements, including any actions, criteria, methods, or thresholds for the purpose of identifying, measuring, avoiding, remedying, or mitigating any adverse effects of activities carried out on the farm on freshwater and freshwater ecosystems; and
   2. outcomes that must be achieved for the purpose of avoiding, remedying, or mitigating those adverse effects on freshwater and freshwater ecosystems; and
   3. any other information that must be included in the plan for the purpose of this Part:
6. provide for the form and manner in which a freshwater farm plan must be certified, including (without limitation) prescribing—
   1. time frames that must be complied with by the farm operator and certifier; and
   2. any fees payable by the farm operator or the manner of calculating those fees:
7. prescribe the circumstances in which a certified freshwater farm plan must be amended and recertified:
8. prescribe requirements for approval of industry organisations under section 217KA, including any further obligations for approved industry organisations:
9. for the purpose of audits of farms for compliance with certified freshwater farm plans, prescribe—
   1. the time frame by which a farm must be audited; and
   2. the frequency at which those audits must be carried out; and
   3. the manner in which an audit must be completed; and
   4. the period after which the auditor must provide their final report under section 217H(5)(c); and
   5. any matters that an auditor must take into account when considering whether the farm achieves compliance with the certified freshwater farm plan; and
   6. any fees payable by the farm operator or the manner of calculating those fees:
10. prescribe criteria that apply to the appointment of a person as an auditor or certifier and their continuation in that role:
11. require auditors, certifiers, and farm operators to supply prescribed information to regional councils for the purpose of section 217I:
12. prescribe information that a regional council must keep in relation to farms in its jurisdiction:
13. prescribe infringement offences for the contravention of, or non-compliance with, a provision of this Part or of any regulations made under this section:
14. provide for any other matters that are contemplated by, or necessary for giving full effect to, this Part and for its due administration.

15. Regulations under this section may apply generally or to specified districts, regions, or parts of New Zealand.

16. Regulations under this section may incorporate material by reference under Schedule 1AA (which applies as if references in that schedule to a national environmental standard, national policy statement, or New Zealand coastal policy statement were references to regulations under this section).

17. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes

• Section 217M: inserted, on 1 July 2020, by section 64 of the Resource Management Amendment Act 2020 (2020 No 30).
• Section 217M(1)(fa): inserted, on 24 August 2023, by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
• Section 217M(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).