The proposals in this document will, among other things, lead to amendments to the NPS-FM. Although regional councils will need to give effect to the amended NPS-FM, this will not require immediate changes to plans. The Government has already paused regional councils’ ability to notify freshwater planning instruments29 while it is working through changes to national direction and a significant reform programme to replace the RMA. The current requirement is that regional councils are required to publicly notify plan changes to give effect to the NPS-FM by the end of December 2027.30
Consent authorities will need to have regard to any changes to the NPS-FM that influence consenting when they consider an application for a resource consent under section 104 of the RMA.31
Any changes to the NES-F will have immediate effect.
Freshwater farm plans are a key part of the freshwater management framework
Freshwater farm plans (FW-FPs) provide a practical way for farmers and growers to identify, manage and reduce the impact of farming on the environment. Part 9A of the RMA established the use of FW-FPs as a regulatory tool that supports farmers and growers to identify, manage and reduce on-farm risks to freshwater in a way that is tailored to their individual conditions, operating system and catchment needs.
FW-FPs are intended to work in combination with the wider freshwater management system. Over time they will likely become the key tool for farmers and growers to manage their freshwater requirements.
Officials from the Ministry for the Environment and the Ministry for Primary Industries are currently reviewing the FW-FP system and developing options to make it simpler and more cost effective. They will aim to integrate decisions made on FW-FPs with decisions made for the wider freshwater management system, as well as the work underway to replace the RMA.
It is intended that improvements to the FW-FP system will be finalised by the end of 2025.
Treaty considerations
Freshwater management is an issue of significance to tangata whenua, and all of the options in this document intersect with Māori freshwater rights and interests in some way. Initial analysis of the potential impacts of these options on Māori rights and interests and Treaty settlements is set out in the Treaty Impact Analysis. Note this is an interim pre-public consultation analysis of the options (informed by early engagement with Treaty partners), which will continue to be developed post-consultation to inform final decisions.
We are seeking feedback on the potential impacts on Māori rights and interests and Treaty settlements, and on other arrangements identified in the Treaty Impact Analysis. We also seek feedback on any additional perceived impacts of the proposals on sites of significance to Māori, marae, Māori land, land returned under Treaty settlements, or other matters of significance to Māori groups.
29 Through amendments to section 80A of the RMA by the Resource Management (Freshwater and Other Matters) Amendment Act 2024.
30 Section 80A(4)(b) of the RMA.
31 Through insertion of section 104(2F) of the RMA by the Resource Management (Freshwater and Other Matters) Amendment Act 2024.
