Resource Management (Stock Exclusion) Regulations 2020 (LI 2020/175)

Resource Management (Stock Exclusion) Regulations 2020 (LI 2020/175) Patsy Reddy, Governor-General Order in Council At Wellington this 3rd day of August 2020 Present: The Right Hon Jacinda Ardern presiding in Council These regulations are made under section 360 of the Resource Management Act 1991 on the advice and with the consent of the Executive Council. Contents Page 1 Title 2 2 Commencement 2 3 Application 3 3A Geographic application 4 4 Interpretation 4 5 Transitional, savings, and related provisions 6 Note The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019. Note 4 at the end of this version provides a list of the amendments included in it. These regulations are administered by the Ministry for the Environment. Version as at 5 October 2023 1 http://legislation.govt.nz/pdflink.aspx?id=DLM239372 http://legislation.govt.nz/pdflink.aspx?id=DLM230264 http://legislation.govt.nz/pdflink.aspx?id=DLM7298371 Who must comply with these regulations 6 Who must comply with these regulations 6 When compliance is not required 7 When compliance with water crossing requirements not required 6 Exclusion of stock from lakes and wide rivers 8 Exclusion of stock from lake or wide river includes 3-metre setback 6 9 Dairy cattle on any terrain 7 10 Pigs on any terrain 7 11 Dairy support cattle on any terrain 7 12 Beef cattle intensively grazing on any terrain 8 13 Deer intensively grazing on any terrain 8 14 Beef cattle on low slope land 8 15 Deer on low slope land 8 Exclusion of stock from natural wetlands 16 Exclusion of stock from natural wetlands identified in regional or district plan operative on commencement date 8 17 Exclusion of stock from natural wetlands that support threatened species described in National Policy Statement for Freshwater Management 2020 9 18 Exclusion of stock from natural wetlands on low slope land 9 Miscellaneous 19 More stringent regional rule prevails over provision in these regulations 9 20 Resource Management (Infringement Offences) Regulations 1999 amended 9 Schedule 1 Transitional, savings, and related provisions 10 Schedule 2 New Schedule 1A inserted 11 Regulations 1 Title These regulations are the Resource Management (Stock Exclusion) Regula‐ tions 2020. 2 Commencement These regulations come into force on 3 September 2020. r 1 Resource Management (Stock Exclusion) Regulations 2020 Version as at 5 October 2023 2 3 Application (1) Regulations 9 and 10 (which relate to dairy cattle and pigs on any terrain) apply on and from— (a) the commencement date in relation to dairy cattle or pigs in a new pas‐ toral system; and (b) 1 July 2023 in any other case. (2) Regulation 11 (which relates to dairy support cattle on any terrain) applies on and from— (a) the commencement date in relation to dairy support cattle in a new pas‐ toral system; and (b) 1 July 2025 in any other case. (3) Regulations 12 and 13 (which relate to beef cattle and deer that intensively graze on any terrain) apply on and from— (a) the commencement date in relation to beef cattle or deer in a new pas‐ toral system; and (b) 1 July 2023 in any other case. (4) Regulations 14 and 15 (which relate to beef cattle and deer on low slope land) apply on and from— (a) the commencement date in relation to beef cattle or deer in a new pas‐ toral system; and (b) 1 July 2025 in any other case. (5) Regulation 16 (which requires the exclusion of stock from natural wetlands identified in a regional or a district plan that is operative on the commencement date) applies on and from— (a) the commencement date in relation to stock in a new pastoral system; and (b) 1 July 2023 in any other case. (6) Regulation 17 (which requires the exclusion of stock from natural wetlands that support a population of threatened species) applies on and from— (a) the commencement date in relation to stock in a new pastoral system; and (b) 1 July 2025 in any other case. (7) Regulation 18 (which requires the exclusion of stock from natural wetlands on low slope land) applies on and from— (a) the commencement date in relation to stock in a new pastoral system; and (b) 1 July 2025 in any other case. Version as at 5 October 2023 Resource Management (Stock Exclusion) Regulations 2020 r 3 3 3A Geographic application Regulations 14 to 18 do not apply in relation to the Upper Taieri Scroll Plain. Regulation 3A: inserted, on 5 October 2023, by regulation 4 of the Resource Management (Stock Exclusion) Amendment Regulations 2023 (SL 2023/235). 4 Interpretation In these regulations, unless the context otherwise requires,— Act means the Resource Management Act 1991 annual forage crop has the meaning given by regulation 3 of the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 beef cattle means cattle that are reared for producing meat break feeding means the feeding of stock within an area of pasture or crop— (a) within a paddock in which the fence is moved regularly to allow the stock to graze another area of pasture or crop within the paddock; or (b) within a paddock— (i) that is subdivided into cells or grids using temporary fencing; and (ii) where the stock are moved regularly commencement date means 3 September 2020 Commissioner has the meaning given in section 2 of the Crown Pastoral Land Act 1998 dairy cattle— (a) means cattle that are farmed for producing milk; and (b) includes— (i) any bull on the farm whose purpose is mating with those cattle; and (ii) unweaned calves of those cattle; but (c) does not include dairy support cattle dairy support cattle means cattle that— (a) are farmed for producing milk but are not being milked (for example, because they are heifers or have been dried off); and (b) are grazed on land that is not grazed by dairy cattle dedicated bridge or culvert means a bridge or culvert— (a) on which stock can safely cross a lake or river; and (b) that is designed so that any runoff is channelled away from the lake or river r 3A Resource Management (Stock Exclusion) Regulations 2020 Version as at 5 October 2023 4 http://legislation.govt.nz/pdflink.aspx?id=LMS892693 http://legislation.govt.nz/pdflink.aspx?id=DLM230264 http://legislation.govt.nz/pdflink.aspx?id=LMS364209 http://legislation.govt.nz/pdflink.aspx?id=DLM426899 intensively grazing means— (a) break feeding; or (b) grazing on annual forage crops; or (c) grazing on pasture that has been irrigated with water in the previous 12 months low slope land means the land identified as low slope land in https:// www.mfe.govt.nz/fresh-water/freshwater-acts-and-regulations/stock-exclusion, but does not include any land— (a) where the slope of the land exceeds 10 degrees measured over any 20 metre distance of the land; or (b) that is subject to 1 or more of the following arrangements (or a renewal of that arrangement), if that arrangement or those arrangements limit the number of stock that can be used for grazing that land: (i) a concession granted under Part 3B of the Conservation Act 1987: (ii) a pastoral lease, occupation licence, or special lease as defined in section 2 of the Crown Pastoral Land Act 1998: (iii) a discretionary pastoral activity as defined in section 2 of the Crown Pastoral Land Act 1998: (iv) an exemption granted or varied by the Commissioner under the Crown Pastoral Land Act 1998 from any stock limitation National Policy Statement for Freshwater Management means the National Policy Statement for Freshwater Management whose approval under section 52 of the Act was notified in August 2020 (as amended or replaced from time to time) natural wetland has the meaning given to natural inland wetland in the National Policy Statement for Freshwater Management, except that the exclu‐ sion of wetlands in the coastal marine area does not apply new pastoral system means any land that has been converted to pastoral land use pastoral land use has the meaning given in section 217B of the Act stock— (a) means beef cattle, dairy cattle, dairy support cattle, deer, or pigs; and (b) to avoid doubt, does not include any feral animal stock limitation has the meaning given in section 2 of the Crown Pastoral Land Act 1998 Upper Taieri Scroll Plain means the land identified as the Upper Taieri Scroll Plain in https://www.mfe.govt.nz/fresh-water/freshwater-acts-and-regulations/ stock-exclusion Version as at 5 October 2023 Resource Management (Stock Exclusion) Regulations 2020 r 4 5 https://www.mfe.govt.nz/fresh-water/freshwater-acts-and-regulations/stock-exclusion https://www.mfe.govt.nz/fresh-water/freshwater-acts-and-regulations/stock-exclusion http://legislation.govt.nz/pdflink.aspx?id=DLM104633 http://legislation.govt.nz/pdflink.aspx?id=DLM426899 http://legislation.govt.nz/pdflink.aspx?id=DLM426899 http://legislation.govt.nz/pdflink.aspx?id=DLM426893 http://legislation.govt.nz/pdflink.aspx?id=DLM233367 http://legislation.govt.nz/pdflink.aspx?id=LMS375844 http://legislation.govt.nz/pdflink.aspx?id=DLM426899 https://www.mfe.govt.nz/fresh-water/freshwater-acts-and-regulations/stock-exclusion https://www.mfe.govt.nz/fresh-water/freshwater-acts-and-regulations/stock-exclusion wide river means a river (as defined in the Act) with a bed that is wider than 1 metre anywhere in a land parcel. Regulation 4 annual forage crop: replaced, on 5 January 2023, by regulation 4(3) of the Resource Management (Stock Exclusion) Amendment Regulations 2022 (SL 2022/322). Regulation 4 Commissioner: inserted, on 5 October 2023, by regulation 5(2) of the Resource Man‐ agement (Stock Exclusion) Amendment Regulations 2023 (SL 2023/235). Regulation 4 improved pasture: revoked, on 5 January 2023, by regulation 4(1) of the Resource Management (Stock Exclusion) Amendment Regulations 2022 (SL 2022/322). Regulation 4 low slope land: replaced, on 5 October 2023, by regulation 5(1) of the Resource Man‐ agement (Stock Exclusion) Amendment Regulations 2023 (SL 2023/235). Regulation 4 National Policy Statement for Freshwater Management: inserted, on 5 January 2023, by regulation 4(2) of the Resource Management (Stock Exclusion) Amendment Regulations 2022 (SL 2022/322). Regulation 4 natural wetland: replaced, on 5 January 2023, by regulation 4(4) of the Resource Man‐ agement (Stock Exclusion) Amendment Regulations 2022 (SL 2022/322). Regulation 4 stock limitation: inserted, on 5 October 2023, by regulation 5(2) of the Resource Man‐ agement (Stock Exclusion) Amendment Regulations 2023 (SL 2023/235). Regulation 4 Upper Taieri Scroll Plain: inserted, on 5 October 2023, by regulation 5(2) of the Resource Management (Stock Exclusion) Amendment Regulations 2023 (SL 2023/235). 5 Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms. Who must comply with these regulations 6 Who must comply with these regulations A person who owns or controls stock must comply with these regulations. When compliance is not required 7 When compliance with water crossing requirements not required A person does not have to comply with the requirements in regulation 9(b), 10(b), 11(b), 12(b), or 14(b) in relation to a wide river if— (a) it is too difficult to install a dedicated bridge or culvert because the river has a highly mobile bed; and (b) the person ensures that stock are supervised and actively driven across the river. Exclusion of stock from lakes and wide rivers 8 Exclusion of stock from lake or wide river includes 3-metre setback (1) Stock that are required by these regulations to be excluded from lakes and wide rivers must not be allowed closer than 3 metres to the edge of the bed of a lake or wide river (3-metre setback rule). r 5 Resource Management (Stock Exclusion) Regulations 2020 Version as at 5 October 2023 6 http://legislation.govt.nz/pdflink.aspx?id=LMS786390 http://legislation.govt.nz/pdflink.aspx?id=LMS892703 http://legislation.govt.nz/pdflink.aspx?id=LMS786390 http://legislation.govt.nz/pdflink.aspx?id=LMS892703 http://legislation.govt.nz/pdflink.aspx?id=LMS786390 http://legislation.govt.nz/pdflink.aspx?id=LMS786390 http://legislation.govt.nz/pdflink.aspx?id=LMS892703 http://legislation.govt.nz/pdflink.aspx?id=LMS892703 (2) The 3-metre setback rule does not apply if— (a) stock need to access the area in order to enter or exit a dedicated bridge or culvert; or (b) stock— (i) are supervised and actively driven across the lake or wide river; and (ii) do not cross the same lake or wide river more than twice in any month; or (c) regulation 7 applies. 9 Dairy cattle on any terrain Dairy cattle on any terrain— (a) must be excluded from lakes and wide rivers (except when crossing); and (b) must cross a lake or wide river by using a dedicated bridge or culvert unless they— (i) are supervised and actively driven across the lake or wide river; and (ii) do not cross the same lake or wide river more than twice in any month. 10 Pigs on any terrain Pigs on any terrain— (a) must be excluded from lakes and wide rivers (except when crossing); and (b) must cross a lake or wide river by using a dedicated bridge or culvert unless they— (i) are supervised and actively driven across the lake or wide river; and (ii) do not cross the same lake or wide river more than twice in any month. 11 Dairy support cattle on any terrain Dairy support cattle on any terrain— (a) must be excluded from lakes and wide rivers (except when crossing); and (b) must cross a lake or wide river by using a dedicated bridge or culvert unless they— (i) are supervised and actively driven across the lake or wide river; and Version as at 5 October 2023 Resource Management (Stock Exclusion) Regulations 2020 r 11 7 (ii) do not cross the same lake or wide river more than twice in any month. 12 Beef cattle intensively grazing on any terrain Beef cattle that are intensively grazing on any terrain— (a) must be excluded from lakes and wide rivers (except when crossing); and (b) must cross a lake or wide river by using a dedicated bridge or culvert unless they— (i) are supervised and actively driven across the lake or wide river; and (ii) do not cross the same lake or wide river more than twice in any month. 13 Deer intensively grazing on any terrain Deer that are intensively grazing on any terrain must be excluded from lakes and wide rivers (except when crossing). 14 Beef cattle on low slope land Beef cattle on low slope land— (a) must be excluded from lakes and wide rivers (except when crossing); and (b) must cross a lake or wide river by using a dedicated bridge or culvert unless they— (i) are supervised and actively driven across the lake or wide river; and (ii) do not cross the same lake or wide river more than twice in any month. 15 Deer on low slope land Deer on low slope land must be excluded from lakes and wide rivers (except when crossing). Exclusion of stock from natural wetlands 16 Exclusion of stock from natural wetlands identified in regional or district plan operative on commencement date All stock must be excluded from any natural wetland that is identified in a regional or district plan or a regional policy statement that is operative on the commencement date. r 12 Resource Management (Stock Exclusion) Regulations 2020 Version as at 5 October 2023 8 17 Exclusion of stock from natural wetlands that support threatened species described in National Policy Statement for Freshwater Management 2020 (1) All stock must be excluded from any natural wetland that supports a population of threatened species as described in the compulsory value for threatened spe‐ cies in the National Policy Statement for Freshwater Management 2020. (2) A natural wetland referred to in subclause (1) includes a natural wetland identi‐ fied in a regional plan that becomes operative after the commencement date. 18 Exclusion of stock from natural wetlands on low slope land All stock on low slope land must be excluded from any natural wetland that is 0.05 hectares or more. Miscellaneous 19 More stringent regional rule prevails over provision in these regulations Despite section 68(2) of the Act, a more stringent rule in a regional plan pre‐ vails over a provision in these regulations that relates to the same matter. 20 Resource Management (Infringement Offences) Regulations 1999 amended (1) This regulation amends the Resource Management (Infringement Offences) Regulations 1999. (2) In regulation 2, insert as subclause (2): (2) Non-compliance with a provision of the Resource Management (Stock Exclu‐ sion) Regulations 2020 listed in Schedule 1A is an infringement offence for the purposes of sections 343A to 343D of the Resource Management Act 1991. (3) In regulation 3, replace “Schedule 1” with “Schedules 1 and 1A”. (4) After Schedule 1, insert the Schedule 1A set out in Schedule 2 of these regula‐ tions. (5) In Schedule 2, after “Section of Resource Management Act 1991 contravened”, insert “or provision of Resource Management (Stock Exclusion) Regulations 2020 not complied with”. (6) In Schedule 3, after “Section of Resource Management Act 1991 contravened”, insert “or provision of Resource Management (Stock Exclusion) Regulations 2020 not complied with”. Version as at 5 October 2023 Resource Management (Stock Exclusion) Regulations 2020 r 20 9 http://legislation.govt.nz/pdflink.aspx?id=DLM233635 http://legislation.govt.nz/pdflink.aspx?id=DLM300049 http://legislation.govt.nz/pdflink.aspx?id=DLM300049 http://legislation.govt.nz/pdflink.aspx?id=DLM300054 http://legislation.govt.nz/pdflink.aspx?id=DLM300055 http://legislation.govt.nz/pdflink.aspx?id=DLM300060 http://legislation.govt.nz/pdflink.aspx?id=DLM300063 http://legislation.govt.nz/pdflink.aspx?id=DLM300080 Schedule 1 Transitional, savings, and related provisions r 5 Part 1 Provisions relating to these regulations as made 1 Application of 3-metre setback rule to lakes and wide rivers with existing permanent fencing or riparian vegetation on commencement date (1) Regulation 8(1) does not apply in relation to all or part of a lake or wide river if there is, on the commencement date, a permanent fence or riparian vegetation that effectively excludes stock from the bed— (a) of the lake or wide river; or (b) of that part of the lake or wide river. (2) In this clause, permanent fence means— (a) a post and batten fence with driven or dug fence posts; or (b) an electric fence with at least 2 electrified wires and driven or dug fence posts; or (c) a deer fence. Part 2 Provision relating to Resource Management (Stock Exclusion) Amendment Regulations 2023 Schedule 1 Part 2: inserted, on 5 October 2023, by regulation 6(a) of the Resource Management (Stock Exclusion) Amendment Regulations 2023 (SL 2023/235). 2 Application of 3-metre setback rule on and from 5 October 2023 to lakes and wide rivers with existing permanent fencing or riparian vegetation on that date Regulation 8(1) does not apply in relation to all or part of a lake or wide river if there is, on 5 October 2023, an existing permanent fence or riparian vegetation that effectively excludes stock from the bed— (a) of the lake or wide river; or (b) of that part of the lake or wide river. Schedule 1 clause 2: inserted, on 5 October 2023, by regulation 6(a) of the Resource Management (Stock Exclusion) Amendment Regulations 2023 (SL 2023/235). Schedule 1 Resource Management (Stock Exclusion) Regulations 2020 Version as at 5 October 2023 10 http://legislation.govt.nz/pdflink.aspx?id=LMS892704 http://legislation.govt.nz/pdflink.aspx?id=LMS892704 Schedule 2 New Schedule 1A inserted r 20(4) Schedule 1A Infringement offences and fees under Resource Management (Stock Exclusion) Regulations 2020 Infringement offence provision General description of offence Infringement fee for offence by natural person ($) Infringement fee for offence by non-natural person ($) Infringement fee per animal* ($) Regulation 9(a) Non-compliance with regulation 9(a) (failure to exclude dairy cattle from lakes or wide rivers) 2,000 4,000 100 Regulation 9(b) Non-compliance with regulation 9(b) (failure to comply with water crossing requirements for dairy cattle) 2,000 4,000 100 Regulation 10(a) Non-compliance with regulation 10(a) (failure to exclude pigs from lakes or wide rivers) 2,000 4,000 100 Regulation 10(b) Non-compliance with regulation 10(b) (failure to comply with water crossing requirements for pigs) 2,000 4,000 100 Regulation 11(a) Non-compliance with regulation 11(a) (failure to exclude dairy support cattle from lakes or wide rivers) 2,000 4,000 100 Regulation 11(b) Non-compliance with regulation 11(b) (failure to comply with water crossing requirements for dairy support cattle) 2,000 4,000 100 Regulation 12(a) Non-compliance with regulation 12(a) (failure to exclude from lakes or wide rivers beef cattle that intensively graze) 2,000 4,000 100 Regulation 12(b) Non-compliance with regulation 12(b) (failure to comply with water crossing requirements for beef cattle that intensively graze) 2,000 4,000 100 Regulation 13 Non-compliance with regulation 13 (failure to exclude from lakes or wide rivers deer that intensively graze) 2,000 4,000 100 Version as at 5 October 2023 Resource Management (Stock Exclusion) Regulations 2020 Schedule 2 11 Infringement offence provision General description of offence Infringement fee for offence by natural person ($) Infringement fee for offence by non-natural person ($) Infringement fee per animal* ($) Regulation 14(a) Non-compliance with regulation 14(a) (failure to exclude beef cattle on low slope land from lakes or wide rivers) 2,000 4,000 100 Regulation 14(b) Non-compliance with regulation 14(b) (failure to comply with water crossing requirements for beef cattle on low slope land) 2,000 4,000 100 Regulation 15 Non-compliance with regulation 15 (failure to exclude deer on low slope land from lakes and wide rivers) 2,000 4,000 100 Regulation 16 Non-compliance with regulation 16 (failure to exclude stock from natural wetland identified in regional or district plan operative on the commencement date) 2,000 4,000 100 Regulation 17 Non-compliance with regulation 17 (failure to exclude stock from natural wetland supporting threatened species) 2,000 4,000 100 Regulation 18 Non-compliance with regulation 16 (failure to exclude stock on low slope land from natural wetland of 0.05 hectares or more) 2,000 4,000 100 *The infringement fee of $100 for each animal to which the non-compliance relates must not exceed $2,000 in any case. Michael Webster, Clerk of the Executive Council. Issued under the authority of the Legislation Act 2019. Date of notification in Gazette: 5 August 2020. Schedule 2 Resource Management (Stock Exclusion) Regulations 2020 Version as at 5 October 2023 12 http://legislation.govt.nz/pdflink.aspx?id=DLM7298104 Notes 1 General This is a consolidation of the Resource Management (Stock Exclusion) Regula‐ tions 2020 that incorporates the amendments made to the legislation so that it shows the law as at its stated date. 2 Legal status A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presump‐ tion applies unless the contrary is shown. Section 78 of the Legislation Act 2019 provides that this consolidation, pub‐ lished as an electronic version, is an official version. A printed version of legis‐ lation that is produced directly from this official electronic version is also an official version. 3 Editorial and format changes The Parliamentary Counsel Office makes editorial and format changes to con‐ solidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations. 4 Amendments incorporated in this consolidation Resource Management (Stock Exclusion) Amendment Regulations 2023 (SL 2023/235) Resource Management (Stock Exclusion) Amendment Regulations 2022 (SL 2022/322) Wellington, New Zealand: Published under the authority of the New Zealand Government—2023 Version as at 5 October 2023 Resource Management (Stock Exclusion) Regulations 2020 Notes 13 http://legislation.govt.nz/pdflink.aspx?id=DLM7298365 http://legislation.govt.nz/pdflink.aspx?id=DLM7298371 http://www.pco.govt.nz/editorial-conventions/ http://legislation.govt.nz/pdflink.aspx?id=LMS892686 http://legislation.govt.nz/pdflink.aspx?id=LMS786374