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Natural Environment Bill

Hearings to be held in public and protection of sensitive information

Schedule 5: Freshwater farm plans

You could also call this:

"Rules for farms to help keep freshwater clean and healthy"

Illustration for Natural Environment Bill

The proposed Natural Environment Bill includes a schedule about freshwater farm plans. You will need a freshwater farm plan if your farm is over a certain size or uses certain types of land. The plan must show how you will avoid harming freshwater and ecosystems. You must get your plan certified and audited. The government can make rules about what must be in your plan and how it is certified and audited. Regional councils will check that you are following your plan. You can choose to have your plan certified even if you don't have to. The Minister can approve organisations to help with certification and auditing. The government can also make rules about how often your farm must be audited and what information you must give to the auditor. If you don't follow the rules, you might get a fine. The plan is to help keep freshwater clean and healthy. You must follow the plan and any rules made by the government.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1550067.

This page was last updated on 14 December 2025 — View changes

Topics:

Environment and resources > ConservationEnvironment and resources > Farming and fishingBusiness > Industry rules

Schedule 4: Water conservation orders, or

"Rules to protect special New Zealand water bodies"

Schedule 6: Statutory acknowledgements, or

"Laws that support the Natural Environment Bill"

5Freshwater farm plans Empowered by s 125

1Purpose

The purpose of this schedule is to better control the adverse effects of farming on freshwater and freshwater ecosystems within specified districts, regions, or parts of New Zealand through the use of freshwater farm plans.

2Interpretation

In this schedule, unless the context otherwise requires,—
approved industry organisation means an industry organisation approved under clause 13
arable land use means the use of land to grow any of the following crops for harvest:
1. grain cereal, legumes, or pulse grain:
2. herbage seed:
3. oilseed:
4. maize grain, maize silage, cereal silage, or mangels:
5. crops grown for seed multiplication:
6. a crop prescribed in regulations made under clause 15(1)(a)
auditor means a person who—
1. is appointed under clause 12 or by an approved industry organisation; and
2. meets the criteria prescribed in regulations made under clause 15(1)(j)
certification and audit services means the services prescribed for the purposes of clause 13 in regulations (if any) prescribed under clause 15
certified freshwater farm plan means a freshwater farm plan certified under clause 8, as amended from time to time in accordance with clause 6(3) or (4)
certifier means a person who—
1. is appointed under clause 12 or by an approved industry organisation; and
2. meets the criteria prescribed in regulations made under clause 15(1)(j)
farm means a farm where all or part of the farm is—
1. arable land use; or
2. horticultural land use; or
3. pastoral land use; or
4. other agricultural land use prescribed in regulations made under clause 15(1)(b); or
5. any combination of the above
farm operator means the person with ultimate responsibility for the operation of a farm
freshwater farm plan means a freshwater farm plan required under clause 5
horticultural land use means the use of land to grow food or beverage crops for human consumption (other than arable crops), or flowers for commercial supply
pastoral land use means the use of land for the grazing of livestock
regulations means regulations made under clause 15
relevant regional council means the regional council (as defined in section 3) in whose jurisdiction the farm is located
specified instrument means any designation, national standard, regulations made under Part 6, natural environment permit, rule in a plan, or water conservation order
statutory land use area threshold,—
1. in relation to a land use described in any of paragraphs (a), (b), (c), and (e) of clause 5(1), means the area specified in that clause for that land use:
2. in relation to the land use described in clause 5(1)(d), means the area prescribed in regulations made under clause 15 for that land use.

3Application of this schedule

This schedule applies only—
to a region, district, or part of New Zealand specified in an Order in Council under this clause; and
on and from the date specified in the Order in Council (but see clause 4, which relates to when this schedule ceases to apply).

The Governor-General may, by Order in Council, on the recommendation of the Minister, determine—
that this schedule applies to a specified district, region, or part of New Zealand; and
the date on which this schedule applies to that district, region, or part of New Zealand.

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 schedule applies,—
disapply a statutory land use area threshold; or
disapply a statutory land use area threshold and prescribe a higher land use area threshold in its place.

Before making a recommendation under subclause (2) or (3), the Minister must—
be satisfied that regulations are necessary to achieve the purpose of this schedule in the specified district, region, or part of New Zealand; and
consult the Minister of Agriculture.

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

4When this schedule ceases to apply

The Governor-General may, by Order in Council, on the recommendation of the Minister, amend an Order in Council under clause 3 to—
cease the application of this schedule to a district, region, or part of New Zealand specified in that Order in Council; and
provide for the date on which this schedule ceases to apply to the specified district, region, or part of New Zealand.

Before making a recommendation under subclause (1), the Minister must—
be satisfied that regulations are no longer necessary to achieve the purpose of this schedule in the specified district, region, or part of New Zealand; and
consult the Minister of Agriculture.

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

Notes

5Farm must have freshwater farm plan if it meets land use threshold

A farm must have a freshwater farm plan if—
50 or more hectares of the farm is pastoral or arable; or
50 or more hectares of the farm is viticultural or orcharding land use; or
5 or more hectares of the farm is horticultural land use other than viticultural or orcharding land use; or
a prescribed area of the farm is other agricultural land use prescribed in regulations made under clause 15(1)(c); or
50 or more hectares of the farm is a combination of 2 or more of the land uses set out in paragraphs (a) to (d); or
the farm holds a Dairy Supply Number.

However,—
if an order made under clause 3(3)(a) disapplies a statutory land use area threshold, a farm is not subject to that threshold; and
if an order made under clause 3(3)(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.

A freshwater farm plan applies to the entire farm.

6Main duties of farm operators

A farm operator who is required to have a freshwater farm plan must submit the plan for certification if—
the farm is undertaking activities identified in activity-based criteria prescribed in regulations; or
the farm is located in a catchment prescribed in regulations; or
the operator is required to submit the freshwater farm plan for certification to meet other regulatory requirements.

A farm operator of a farm that is required to have a freshwater farm plan must—
prepare a freshwater farm plan in accordance with this schedule and regulations; and
ensure that the farm operates in compliance with the freshwater farm plan; and
arrange for the farm to be audited in accordance with this schedule and regulations for compliance with the freshwater farm plan.

A farm operator must keep the certified freshwater farm plan fit for purpose by—
amending the plan as necessary to reflect any changes in the farm; and
amending the plan as necessary to comply with this schedule and regulations.

A farm operator must amend and recertify a certified freshwater farm plan if any circumstances prescribed by regulations apply.
A farm operator must comply with the same freshwater farm plan certification requirements under this Act as a farm operator referred to in subclause (1) if—
the farm operator is not required under subclause (1) to have the farm’s freshwater farm plan certified; but
the farm operator chooses to have the farm’s freshwater farm plan certified.

7Contents of freshwater farm plan

A freshwater farm plan must—
identify any adverse effects of activities carried out on the farm on freshwater and freshwater ecosystems and any relevant human health or environmental limits to which those adverse effects on freshwater may contribute; and
specify requirements that—
1. are appropriate for the purpose of avoiding, minimising, remedying, or of offsetting or compensating when appropriate and enabled in a plan, the adverse effects of those activities on freshwater and freshwater ecosystems; and
2. are clear and measurable; and
demonstrate how any outcomes prescribed in regulations are to be achieved; and
comply with any other requirements in regulations; and
comply with clause 14.

8Certification of freshwater farm plan

A farm operator who must, under clause 6(1), submit a freshwater farm plan for certification must do so within the prescribed time frame.
The certifier must certify a freshwater farm plan if the certifier is satisfied that the plan complies with the requirements in clause 7.
The certifier must, as soon as practicable, notify the relevant regional council—
that the freshwater farm plan has been certified; and
the date on which it was certified.

This clause applies, with any necessary modifications, to a certified freshwater farm plan that is required by regulations to be amended and recertified.

9Audit of farm for compliance with freshwater farm plan

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

The audit must be completed in the manner prescribed in regulations.
The farm operator must provide the auditor with reasonable access to the farm (or any part of it) for the purpose of any audit inspection.

10Functions of regional councils

For the purposes of this schedule, a regional council has the following functions:
to enforce the observance of the requirements of this schedule and regulations to the extent that its powers under this Act enable it to do so; and
to monitor compliance by farm operators with their duties under this schedule and with any requirements in regulations; and
to receive notifications of freshwater farm plans that have been certified; and
to appoint certifiers and auditors under clause 12; and
to receive audit reports and related notifications from auditors; and
to monitor the delivery of certification or audit services, or both, by approved industry organisations in the council’s region for compliance with this schedule and with any applicable requirements prescribed in regulations.

A regional council may do all or any of the following:
require a farm operator to produce a freshwater farm plan for inspection:
require information from an approved industry organisation that the council considers reasonably necessary for carrying out its functions under this clause:
notify the Minister of any significant or persistent concerns regarding the performance under this schedule of an approved industry organisation operating in the council’s region, including concerns arising in the course of the council’s exercise of its functions under subclause (1)(f).

11Records that must be kept by regional council

A regional council must keep and maintain, in relation to each farm in its jurisdiction, a record of—
the date that each farm that is required under clause 5(1) to have a freshwater farm plan was last audited for compliance with the plan; and
if the farm’s freshwater farm plan is required under clause 6(1) or (5) to be certified,—
1. whether the farm’s freshwater farm plan is certified; and
2. if the farm’s freshwater farm plan is certified, the date the plan was last certified; and
any other information required by regulations.

12Regional council must appoint certifiers and auditors

A regional council must—
appoint 1 or more certifiers; and
appoint 1 or more auditors.

A regional council may make an appointment under this clause only if satisfied that criteria prescribed in regulations have been met.

13Minister may approve industry organisation to provide certification or audit services

The Minister may, on application, approve an industry organisation to provide certification or audit services, or both, under this schedule to its members—
if the Minister is satisfied that the organisation meets any applicable eligibility requirements prescribed in regulations; and
after consulting regional councils and the Minister of Agriculture.

An approved industry organisation may appoint certifiers or auditors if it is satisfied that the applicable requirements have been met as prescribed in regulations.
The Minister may revoke an industry organisation’s approval—
if the Minister is satisfied that the applicable requirements for revocation have been met, as prescribed in regulations; and
after consulting regional councils, the Minister of Agriculture, and the industry organisation.

An approval or a revocation of approval of an industry organisation may apply either nationally or in respect of 1 or more regions.
Any appointment of certifiers or auditors that was made by an approved industry organisation under subclause (2) ceases to the extent that the industry organisation’s approval is revoked under subclause (3).
The Minister may request from an industry organisation information that the Minister considers reasonably necessary before deciding to approve the organisation or revoke its approval.

14Relationship between freshwater farm plan and specified instruments

A freshwater farm plan may contain a requirement that—
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; or
restricts an activity more than a provision of a specified instrument.

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.
To avoid doubt, compliance with a requirement of a certified freshwater farm plan—
does not of itself authorise a person to undertake an activity:
may be specified or included as a requirement or condition in any specified instrument relating to an activity.

15Regulations relating to freshwater farm plans

The Governor-General may, by Order in Council made on the recommendation of the Minister after consulting the Minister of Agriculture, make regulations that—
prescribe crops for the purpose of the definition of arable land use in clause 2:
prescribe agricultural land uses for the purpose of the definition of farm in clause 2:
prescribe the area of land described in clause 5(1)(d) (in relation to agricultural land use prescribed under paragraph (b)):
prescribe the kinds of farm activities or catchments in respect of which a certified freshwater farm plan is required:
provide for the content of a freshwater farm plan, including (without limitation) specifying—
1. any requirements, including actions, criteria, methods, or thresholds for the purpose of identifying, measuring, avoiding, minimising, remedying, or of offsetting or compensating when appropriate and enabled in a plan, 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, minimising, remedying, or of offsetting or compensating when appropriate and enabled in a plan, those adverse effects on freshwater and freshwater ecosystems; and
3. any requirements, including actions, criteria, methods, thresholds, or outcomes for the purpose of achieving relevant human health or environmental limits.
4. any other information that must be included in the plan for the purpose of this schedule:
provide for the form and manner in which a freshwater farm plan that must be certified is 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:
prescribe the circumstances in which a certified freshwater farm plan must be amended and recertified:
prescribe requirements that must be met for the approval of industry organisations under clause 13 or the revocation of their approval, including any further obligations for approved industry organisations:
provide for the form and manner in which a farm must be audited for compliance with a freshwater farm plan, including (without limitation) prescribing—
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 period after which the auditor must provide their final report; and
4. any matters that an auditor must take into account when considering whether the farm achieves compliance with the freshwater farm plan; and
5. the information that the farm operator must provide to the auditor for the purpose of the audit; and
6. any fees payable by the farm operator or the manner of calculating those fees:
prescribe criteria that apply to the appointment of a person as an auditor or certifier and their continuation in that role:
require auditors, certifiers, and farm operators to supply prescribed information to regional councils for the purpose of clause 10:
prescribe information that a regional council must keep in relation to farms in its jurisdiction:
prescribe infringement offences for the contravention of, or non-compliance with, a provision of this schedule or of any regulations made under this clause:
provide for any other matters that are contemplated by, or necessary for giving full effect to, this schedule and for its due administration.

Regulations under this clause may apply generally or to specified districts, regions, or parts of New Zealand.
Regulations under this clause may apply to all certifiers or auditors generally, or may apply only to certifiers and auditors appointed—
by a regional council under clause 12(1); or
by an approved industry organisation under clause 13(2).

Regulations under this clause may incorporate material by reference under Part 4 of Schedule 2 (which applies as if references in that schedule to a national instrument were references to regulations under this clause).
Regulations under this clause are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes