Stock activity can damage the bed and banks of our waterways. Dung, urine, and sediment can also seriously impact water quality, the lives of animals living there, and mahinga kai values.
The new National Stock Exclusion Regulations(external link) exclude certain types of stock from waterways. For any pastoral system already in place as of 3 September 2020, the provisions take effect at varying dates depending on the stock type and situation (see Stock Exclusion Rules - below). The provisions take effect immediately for any new pastoral system established on or after 3 September 2020.
The stock exclusion rules apply to beef cattle, dairy cows, dairy support cows, pigs, and deer, and are slightly different for each. Sheep are excluded from the new Stock Exclusion regulations.
These new regulations are to be applied in a phased approach from 2020 through to 1 July 2025.
The new Stock Exclusion Regulations(external link) require stock on new pastoral systems to be excluded and kept at least 3 metres from the edge of the bed of a lake or a wide river. A wide river is a waterway that has a bed greater than 1 metre wide at any point on the parcel of land. It includes intermittent flowing streams but excludes drains.
Stock must also be fully excluded from wetlands. There is no minimum setback distance.
If a permanent fence* or riparian vegetation that effectively excludes stock was already in place on 5 October 2023, the 3-meter minimum setback doesn’t apply. So you do not need to rip out your permanent fencing!
*A permanent fence or riparian vegetation that existed on 5 October 2023 that effectively excludes stock from the river/lake bed
It is important to understand that as long as the 3-meter setback requirement is met, the method of exclusion does not matter. In circumstances where permanent fencing is not practical (eg flood-prone land), a one-wire fence or temporary tape is acceptable - as long as it effectively excludes stock from our waterways.
The dates by which each stock type must be excluded from waterways are detailed below.
FOOTNOTE: for the purposes of the stock exclusion rules intensive grazing is defined as break feeding, grazing on annual forage crops, or grazing on pasture that has been irrigated with water in the past 12 months.
* see Low Slope Explanation and Mapping Tool - below
* see Low Slope Explanation and Mapping Tool - below
* see Low Slope Explanation and Mapping Tool - below
*see Low Slope Explanation and Mapping Tool - below
*see Low Slope Explanation and Mapping Tool - below
Stock can cross lakes and rivers if they are supervised and actively driven across the waterbody. Stock cannot cross the same lake or river more than twice in any month.
Where stock will be crossing a river or lake more than twice in any month, a dedicated bridge or culvert must be installed. Check out the rules for installing culverts and bridges here (see page 3) (pdf 332 KB).
‘Low slope land’ is land under 500m in altitude where the average slope is less than 5 degrees. This area is where by 1 July 2025, beef cattle and deer (as explained above) will have to be excluded from wide rivers, and all stock excluded from natural wetlands that support threatened species, and that are larger than 500m². Recent changes (5 October 2023) to the Regulations have clarified that low slope does not include any land that exceeds 10 degrees in slope when measured over any 20-meter distance of land despite it being in the map of low slope land.
The low slope map can be found at this link: Stock Exclusion Low Slope Land Viewer - December 2022 (arcgis.com)
The purple-shaded area on the map is known as ‘low slope land’. As previously explained, it is where beef cattle and deer will have to be excluded from lakes and wide rivers by 1 July 2025.
The grey shaded areas which are visible when you zoom in, show areas where the slope is from 5 to 10 degrees, and excluding stock from waterways is also likely to be practical and advisable, however, these grey areas are not defined as ‘Low Slope Land’ and the rules DO NOT require stock to be excluded, it is up to individual farmers as to whether they do or not. These grey areas may be managed in the future by local context and regional rules.
Is your head spinning? We appreciate this is a lot of complex information. If you have any questions about the new Essential Freshwater Regulations for Stock Exclusion, or any questions about the identification of a wetland on your land, please make direct contact with our Catchment Facilitator’s via [email protected]
