Since the release of an independent report commissioned by B+LNZ showing there are fundamental flaws in some of the national bottom lines, we have continued to engage with regional councils that are updating their regional plans to give effect to the National Policy Statement for Freshwater Management (NPS-FM).
Here is updated information on key regions.
Otago Land and Water Regional Plan (LWRP)
We recently wrote to Otago Regional Council (ORC) setting out our concerns, ahead of a decision being made as to whether to notify the LWRP on 31 October or not. We have requested they pause notification pending changes to the NPS-FM and until appeals on the proposed Otago Regional Policy Statement have been worked through.
Our letter set out the excellent progress already made by farmers in addressing risks to water.
We also provided updated information showing Otago sheep and beef farmers are not currently making enough money to pay for the mitigations proposed by ORC – our updated forecasts show Farm Profit Before Tax on average in Otago is $39,400 per farm for 2024-25, which is 82 percent lower than the 2019/20 rates ORC has based previous decisions on. We noted that this FPBT figure then needs to have tax, living expenses and principal repayments taken from it – in addition to investment in any capital upgrades, regulatory requirements, or additional on-farm environmental improvements.
We argue that the regulatory framework the LWRP will drive, along with the current economic environment facing farmers, will essentially force farmers down a path with no other financially viable options but to convert to forestry. The question is whether the regional council wants vast areas of Otago and its iconic pastoral and tussock landscape planted in pines.
We are also working with Federated Farmers in Otago.
At this stage, ORC seems to be pushing on, despite the overwhelming evidence that some of the national bottom lines are flawed, and that changes are coming at the national (NPS-FM) level, so our work is ongoing.
Canterbury regional policy statement (RPS)
ECan is planning to notify their RPS by the end of 2024. While an RPS is a higher-level instrument than a regional plan and its resulting rules, it is still significant because a regional plan has to give effect to it (that is, implement it).
We argue that, similar to ORC, ECan is being premature and they should wait for the new NPS-FM.
Waikato Plan Change 1
This is still technically before the courts, so we’re unable to provide much more information. Court hearings finished in November 2023 and the court has issued a number of memoranda since then asking further questions and for more information from parties.
B+LNZ is continuing to engage with the court process to represent sheep and beef farmers.
Hawke’s Bay TANK Plan Change 9
The TANK Plan Change is currently going through Environment Court Mediation processes. As with Waikato Plan Change 1, we are unable to provide further information due to court confidentiality. B+LNZ has been involved in mediation throughout the year as a S274 party, and mediation is expected to be completed in the first quarter of 2025.
Other regions
B+LNZ continues to engage with other councils, including a recent meeting with Horizons, on the flaws with the E. coli and suspended fine sediment national bottom lines and the importance of waiting for a new NPS-FM.
Our work on this has been positively received. The solid evidence base in the report we commissioned has undoubtedly been helpful to councils who have backed away from notifying freshwater plans at this time.
We are monitoring developments across all regional councils – of particular note:
- Southland said they will wait for the new NPS-FM before notifying their freshwater plan (Plan Change Tuatahi) but will put out some changes to tidy up their existing plan next year, which B+LNZ will be examining in detail.
- Northland is planning to notify in 2027 – in the meantime they are proactively working with industry, including B+LNZ, through a series of working groups.
- Bay of Plenty plan to notify in September 2025, with an indication that they will be sharing a draft with industry at the end of 2024.
- Greater Wellington’s Change 1 of the Regional Policy Statement (RPS) is open for appeals, and B+LNZ is currently examining the detail. A second set of RPS and Regional Plan changes are still expected to be notified at the end of 2024.
Replacing the NPS-FM
The Government has not yet provided any further details on its intention to replace the NPS-FM, which B+LNZ welcomes and will be seeking involvement in.
Regional councils have repeatedly had to contend with new national frameworks for freshwater management over recent years and are no doubt frustrated and want to get on with things. It’s therefore essential we end up with enduring policy solutions.
More information
- Our media release about the independent review we commissioned (includes a link to the full report and a summary report)