Government looking at ways to stop councils from implementing strict rules on water imposed by the previous Labour government

The Government is considering stopping councils from enforcing tough rules on freshwater which were required by the previous Labour administration. 

It has not given details on how it will do this, but suggested imposing a halt to new measures by councils pending further work by ministers.

“We may look into whether current requirements to complete a freshwater farm plan could be paused while improvements are developed”, the Associate Environment Minister Andrew Hoggard says, in a statement made alongside the Agriculture Minister Todd McClay.

At issue is a requirement that farmers produce plans to manage fresh water on their properties under a National Policy Statement issued in 2020.

Several regions have already started implementing freshwater farm plans required by these rules, including Waikato, Southland, the West Coast, Otago, and Manawatū-Whanganui.

The move by Otago Regional Council to press ahead was assailed by Federated Farmers last month.

"It’s a poor decision that will result in even more regulation being piled onto Otago farmers in the coming months," the group's environment spokesman Colin Hurst said at the time. 

"The last thing farmers struggling through high interest rates, low payouts and drought conditions want to be waking up to is news that more red tape is likely on the way later this year."

Federated Farmers subsequently applauded the latest decision by Ministers Hoggard, a former Federated Farmers president, and McClay.

The two men insist freshwater farm plans must be cost effective and practical. 

“A fit-for-purpose freshwater farm plan system will enable farmers and growers to find the right solutions for their farm and catchment,” Hoggard says.

“Farmers faced an avalanche of regulation under the last Government, including its national Freshwater Farm Plans system. Using property and catchment-specific farm plans makes sense because they can be used to identify environmental risks and plan practical on-farm actions to manage those risks."

Hoggard calls the system he inherited costly and complex, and too broadly applied.

"We want to make sure that the cost of completing a farm plan, in both time and money, is matched with the level of risk."

Farm experts believe the current system is aggravated, because councils are required to enforce the law as it currently exists. In addition, they are under close scrutiny from environmental advocates wanting to seize what chances they have to require environmental improvements while they still can.

Farmers, however, say the will of the current government and its intentions to issue reforms should be taken into account, and councils could end up wasting money if they enforce reforms that turn out not to be needed.  

As and when a final fix to this problem is worked out, ministers say it will cover stock exclusion and winter grazing rules as well as freshwater management.  

Certification and auditing requirements will also be considered, along with any support farmers need to develop robust freshwater farm plans.

Officials are undertaking research on these matters at present.