The latest Council news and events
Our staff and elected representatives
Find out about upcoming meetings and read agendas
Social, economic, environmental and cultural wellbeing
How to request official information from the Council
The Chathams Islands is a remote, awe-inspiring place
Information on the upcoming local election
Sets out our work and priorities for the next financial year
Our work and priorities for the next decade
Resource management framework summary
Dog Control Bylaw overview
An overview of the Council’s activity
Waitangi Beach vehicle bylaw
Transport priorities for 2021 – 2031
Managing boating and other activities on water
Understanding hazards and risks to build capability
A report on the Chatham Islands economy
There are currently amendments being proposed to part c) of the definition of a wetland under the National Policy Statement for Freshwater Management (NPS-FM). We will update this information when a decision has been made.
For more information, read the Ministry for the Environment’s wetland’s discussion document (PDF file 3.2 MB)(external link).
Wetlands are crucial to our environment. They form a boundary between land and water, filter out sediment and nutrients, and support a greater concentration of wildlife than any other habitat in New Zealand.
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.
Wetlands as defined by the Chatham Islands Resource Management Document (CIRMD) and National Policy Statement for Freshwater Management (NPS-FM)(external link).
The new Essential Freshwater regulations apply to natural wetlands as defined in the NPS-FM. This definition includes bracken covered areas that are not protected under the Chatham Islands Resource Management Document (CIRMD).
If an area doesn’t meet the definition of a wetland under the NPS-FM, it may meet the wetland definition under the CIRMD. If so, the CIRMD rules apply to the wetland.
Activities that are allowed in or around wetlands are detailed in the National Environmental Standards for Freshwater 2020 (NES-F)(external link).Any activity which disturbs wetlands can only be carried out for certain reasons, such as restoration, clearing debris, or scientific research, and may require consent.
There are limited exemptions to these activities, for example, the customary harvest of food or resources undertaken in accordance with tikanga Māori. Any other activity that may be exempt is subject to the Effects Management Hierarchy(external link).
You must alert the Council in writing at least 10 working days before the activity takes place.
Any activity in and around wetlands must comply with both the CIRMD and the NES-F.
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.
The activity must also comply with the general conditions on works within wetlands in Regulation 55 of the NES-F(external link). Otherwise, it is a restricted discretionary activity and requires consent.
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.
The activity must also comply with the general conditions on works within wetlands in Regulation 55 of the NES-F(external link). This excludes condition 55(2).
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.
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.
Earthworks or land disturbance outside of a natural wetland, but within a 10m 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.
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.
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.
The taking, use, damming, diversion, or discharge of water within, 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(external link). Otherwise, it is a restricted discretionary activity and requires consent.
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:
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.
Under the Essential Freshwater package, ‘stock’ refers to dairy, dairy support, beef cattle, pigs, and deer. Sheep and feral animals are not included in the regulations.
The Stock Exclusion Regulations 2020(external link) and CIRMD(external link) also include controls on activities within a natural wetland, or within 100 metres of a natural wetland. It’s important to check these requirements before undertaking any activities within 100 metres of wetlands to determine which controls apply and whether resource consent is required.
If none of the stock exclusion rules above apply, the activity does not require consent but may need to be managed through a Freshwater Farm Plan. Read more about stock exclusion under the Essential Freshwater package.
Information around additional activities such as scientific research, sphagnum moss harvesting, and construction of wetland utility structures, can be found in the NES-F(external link).
If you have any questions about the new Essential Freshwater regulations, contact 03 3050 033.
The NPS-FM refers to a "natural wetland" as meaning a wetland that is not:
The above refers to the definition of wetland in the RMA, which reads:
The Chatham Islands Resource Management Document (CIRMD) defines a wetland as including:
But excludes
Activities that may result in losses of natural wetlands are avoided where at all possible, although there are limited exemptions.
Where those exemptions are met, activities are subject to the “Effects Management Hierarchy”.
The Effects Management Hierarchy, in relation to natural inland wetlands and rivers, means an approach to managing the adverse effects of an activity on the extent or values of a wetland or river (including cumulative effects and loss of potential value) that requires that:
Find out more in the NPS-FM (PDF file 795 KB)(external link).
Download the technical advice note for wetlands (PDF file 203 KB)(external link).