The Environment Court has released its long-awaited interim decision on Waikato Plan Change 1. The decision, likely to be finalised by the end of the year, will have implications for all farms in the Waikato and Waipā catchments.
Need to know
- Due in a large part to the efforts of B+LNZ, Federated Farmers and a group of farmer leaders, the Environment Court’s 376-page interim decision has resulted in plan provisions which are significantly better than the ‘decisions version’.
- While there are still some final matters to tidy up, the interim decision is a pragmatic step forward.
- Until the final decision is released exact timeframes won’t be clear, but farmers in the PC1 area will soon need to start thinking about gathering information to help with registration and preparing a farm plan.
Background to the decision
Waikato Regional Council (WRC) first notified PC1 in 2016. Since then, progressing PC1 has been a lengthy and complicated process. B+LNZ has adopted a significant leadership role through the council hearing, mediation and Environment Court process, most recently running a joint case with Federated Farmers.
For more information see this page on our website.
At the end of May 2025, the Environment Court released its interim decision on PC1.
The decision covers a range of issues, from stock exclusion to farm plans to the use of Overseer, and it will have implications for all farming activities in the 1.1 million hectare PC1 catchment.
B+LNZ’s analysis of the interim decision
The interim decision has significantly improved PC1 compared with it started. We believe the work of B+LNZ and Federated Farmers (the joint farming parties) and the group of farmer leaders was very successful in influencing a pragmatic outcome. The Court specifically referenced various pieces of work prepared by the joint farming parties to quantify specific points and inform its thinking.
Our analysis is that the vast majority of the provisions which apply to farming activities have improved and none have gotten worse (compared against the ‘decisions version’ released in 2020 and/or the 2016 ‘notified version’ of PC1).
B+LNZ understands that some farmers may still be unhappy with parts of the interim decision. However, on balance we believe the outcome is very positive.
Some appellants pushed for a range of provisions that would have been impractical and significantly more stringent for farming. However, the Environment Court determined they were not appropriate.
- For example, the decisions version required a minimum three-metre setback from all waterbodies, and some groups pushed for a minimum 10-metre setback. The Environment Court has gone with a three-metre setback but has also allowed for exemptions if this is not practicable (which would be shown through a farm environment plan).
Some key points to note:
- The management of diffuse discharges will be a new reality in the PC1 catchment – with the requirement now being to control and reduce (as opposed to just managing) diffuse discharges. However, our analysis is that the framework farmers will be required to operate under is workable.
- There is also a more pragmatic approach to the water quality targets in PC1. The water targets have been described as ‘aspirational’ and need to be viewed as ‘best endeavours’ only. B+LNZ believes it is encouraging that the Court has been realistic about these targets and recognised that farming is only one contributor to water quality.
- Another significant win is that there will be a low-cost farm environment plan pathway that will mean many sheep and beef farms can continue in the PC1 area as a permitted activity.
Next steps
This is only an interim decision – significantly, there are 35 things the Court has queried and which WRC must report back on by 25 July. While the overall architecture of the decision won’t change, this process means that some of the details could change.
We’re working with WRC, who have engaged with us extensively and shown genuine willingness to ensure PC1 makes sense and can be easily implemented.
The Court has indicated that a final decision may be issued by the end of this year. However, one uncertainty is how Government legislation amending discrete parts of the Resource Management Act may impact the final decision. We’ll provide further information on this as it becomes available.
What farmers in the PC1 catchment need to be aware of
If a final decision is issued in December, the current indications are that some farmers in the Waikato and Waipā catchments would need to get a farm environment plan or resource consent within 12 months.
Farmers should be thinking about gathering their records and how they’ll meet the new requirements. While the PC1 process has been long and at times uncertain, it’s clear that the requirement for a farm environment plan or consent will become a reality soon.
If you have detailed questions, contact WRC or register with the council to get updates on PC1. Their general enquiries phone number is 0800 800 401 or you can email healthyrivers@waikatoregion.govt.nz
What this could mean for farmers in other parts of New Zealand
B+LNZ is involved in regional planning processes to work for better outcomes for farmers in those regions but also because decisions made through court processes can set national precedents. We think it is likely that the PC1 decision will have implications for the drafting of plan provisions, or approach to farm plans in other regions.