The Government’s Essential Freshwater Package aims to stop the ongoing loss of wetlands and protect their value by regulating the types of activities that are allowed in and around wetlands.
If you have a wetland on your property, you now have responsibilities to protect it under the new regulations.
‘Wetland’ is the collective term for the wet margins of streams, rivers, ponds, lakes, estuaries, bogs, swamps, and lagoons. Wetlands aren’t always 'wet'. They provide a habitat for wildlife and support an indigenous ecosystem of plants and animals that have adapted to living in wet conditions.
The new Essential Freshwater regulations apply to natural wetlands as defined in the National Policy Statement for Freshwater Management (NPS-FM) – see clause 3.21 (pg 23-25)
Artificially made wetlands, dams, and drainage canals are not classed as wetlands under the new regulations.
Any activity that disturbs wetlands can only be carried out for certain reasons, such as restoration, clearing debris, or scientific research, and may require resource consent.
Activities that are allowed in or around wetlands are regulated by the National Environmental Standards for Freshwater (NES-FM). Regulations 37-56 are relevant to wetland works and are summarised below (Rules by Activity).
There are limited exemptions to these activities, for example, the customary harvest of food or resources undertaken in accordance with tikanga Māori.
Notification of Works:
When you are undertaking work around wetlands you will need to keep Council informed about what you are planning to do. You must advise the Council in writing at least 10 working days before the activity takes place and 20 days notice is required prior to the harvesting of Sphagnum moss. You can easily do this by completing Council’s own Wetlands work notification form.
Certain activities (see below) are permitted (i.e. do not require resource consent) provided specified conditions are met. These conditions are found in Regulation 55 of the NES-FM. We recommend you assess your proposed activity against these conditions:
Wetlands: Implementation Guidance on Essential Freshwater Policies and Regulations | MfE
Essential Freshwater Wetlands factsheet | MfE
Protecting, restoring our wetlands | DairyNZ
Good Practice Guide for Managing Wetlands in Tasman (pdf 3 MB)
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 wetlands or any questions about the identification of a wetland on your land, please make direct contact with our Catchment Facilitator’s via [email protected]
Restoration of natural wetlands
Vegetation clearance within a natural wetland, or within a 10m setback from a natural wetland is allowed for the purpose of restoration and doesn’t require consent if it does not occur over more than 500m2 or 10% of the area of the natural wetland, whichever is smaller.
Arable and horticultural land use
Vegetation clearance outside a natural wetland, or within a 10m setback from a natural wetland is allowed and doesn’t require consent if it’s for the purpose of arable land use or horticultural land use in an area that was used for either of those purposes at any time between 1 January 2010 and 2 September 2020.
Other activities
Vegetation clearance within a natural wetland, or within a 10m setback from a natural wetland is a non-complying activity and requires consent if not otherwise stated above.
This flowchart is a useful guide (pdf 540 KB) for knowing when and how to contact us, depending on the type of work you are doing.
Restoration of natural wetlands
Earthworks or land disturbance within a natural wetland, or within a 10m setback from a natural wetland is allowed for the purpose of restoration and does not require consent if it does not occur over more than 500m2 or 10% of the area of the natural wetland, whichever is smaller, unless it is for planting.
Arable and horticultural land use
Earthworks or land disturbance outside of a natural wetland, but within a 10 m setback from a natural wetland is a permitted activity and does not require consent if it is for the purpose of arable land use or horticultural land use in an area that was used for either of those uses at any time between 1 January 2010 and 2 September 2020.
Drainage of wetlands
Earthworks outside of a natural wetland, but within a 100m setback from a natural wetland is a non-complying activity and requires consent if it results, or is likely to result, in the complete or partial drainage of all or part of a natural wetland and does not have another status under any regulations.
Earthworks within a natural wetland is a prohibited activity (no consent can be obtained) if it results, or is likely to result, in the complete or partial drainage of all or part of a natural wetland and does not have another status under any regulations.
Other activities
Earthworks within a natural wetland, or within a 10m setback from a natural wetland is a non-complying activity and requires consent if not otherwise stated above.
This flowchart is a useful guide (pdf 453 KB) for knowing when and how to contact us, depending on the type of work you are doing.
Restoration of natural wetlands
The taking, use, damming, diversion, or discharge of water within a natural wetland, or within a 100m setback from a natural wetland is allowed for the purpose of restoration and does not require consent if it complies with the general conditions on works within wetlands in Regulation 55 of the NES-F. Otherwise, it is a restricted discretionary activity and requires consent.
Drainage of wetlands
The taking, use, damming, diversion, or discharge of water outside of a natural wetland, but within a 100m setback from a natural wetland is a non-complying activity and requires consent if it:
The taking, use, damming, diversion, or discharge of water within a natural wetland is a prohibited activity, and no consent can be obtained if it:
Other activities
The taking, use, damming, diversion, or discharge of water within a natural wetland, or within a 100m setback from a natural wetland is a non-complying activity and requires consent if not otherwise stated above.
This flowchart is a useful guide (pdf 460 KB) for knowing when and how to contact us, depending on the type of work you are doing.
To be a permitted activity, not requiring consent, intensive winter grazing needs to meet a variety of conditions, one of which is that livestock must be kept at least 5m away from the bed of any wetland, regardless of whether there is any water in it at the time. If this condition is not met, resource consent is required.
Read more about all the rules relating to intensive winter grazing here.
The Stock Exclusion Regulations 2020 require that all stock be excluded from wetlands. The dates by which each stock type is required to be excluded from wetlands can be found here.
