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.
The Government’s Essential Freshwater Package is designed to stop the loss of wetlands and protect their value. It does this by regulating what activities can happen in and around wetlands.
If you have a wetland on your property, you now have responsibilities under these new rules
A wetland is the collective term for areas like the wet margins of streams, rivers, ponds, lakes, estuaries, bogs, swamps, and lagoons.
Wetlands aren’t always “wet,” but they provide important habitats for wildlife and support ecosystems of plants and animals adapted to damp conditions.
The new regulations apply to Natural Inland Wetlands as defined by clause 3.21 of the National Policy Statement for Freshwater Management (NPS-FM) :
Put simply, these new regulations do not apply to wetlands in the coastal marine area, artificial wetlands, dams and drainage canals, or geothermal wetlands.
We acknowledge that the exemption for wetlands within grazed pasture is complex. If you’re unsure how the rules apply to your property, please contact the Catchment Team, we’re here to help.
➡️ NOTE: The content on this page refers to wetlands that meet the definition provided above. For readability, we use the simple, generic term “wetland” throughout.
Any activity that disturbs a wetland can only be carried out for specific reasons, such as:
These activities may require resource consent.
. Regulations 37-56 cover wetland works and are summarised below under Rules by Activity. There are limited exemptions, such as the customary harvest of food or resources in accordance with tikanga Māori.
If you plan to do work around wetlands, you must notify the Council in writing:
You can do this easily by completing the Council’s Wetlands work notification form.
Is your head spinning? We understand, this is a lot of complex information! If you have any questions about the Essential Freshwater regulations for wetlands, or need help identifying a wetland on your property, our Catchment Advisors are here to support you.
📧 Email us at: [email protected]
You can clear vegetation within a natural wetland or within 10 metres of it for restoration purposes without consent, as long as the area is no more than 500 m² or 10% of the wetland (whichever is smaller).
Vegetation clearance outside a natural wetland or within 10 metres of it is allowed without consent if it’s for arable or horticultural use in an area that was used for these purposes at any time between 1 January 2010 and 2 September 2020.
Any other vegetation clearance within a natural wetland or within 10 metres of it is a non-complying activity and requires consent.
📄Need help? Check out this flowchart (pdf 540 KB) to see when and how to contact us, based on the work you’re planning.
You can carry out earthworks or land disturbance within a natural wetland or within 10 metres of it for restoration purposes without consent, as long as the area is no more than 500 m² or 10% of the wetland (whichever is smaller).
Note: This does not apply to planting.
Earthworks or land disturbance outside a natural wetland but within 10 metres of it is allowed without consent if it’s for arable or horticultural use in an area that was used for these purposes at any time between 1 January 2010 and 2 September 2020.
Earthworks outside a natural wetland but within 100 metres of it is a non-complying activity and requires consent if it could cause full or partial drainage of the wetland. Earthworks within a natural wetland that could cause full or partial drainage is prohibited (consent cannot be granted).
Any other earthworks within a natural wetland or within 10 metres of it is a non-complying activity and requires consent.
📄 Need help? Check out this flowchart (pdf 453 KB) to see when and how to contact us, based on the work you’re planning.
You can take, use, dam, divert, or discharge water within a natural wetland or within 100 metres of it for restoration purposes without consent, as long as you meet the general conditions in Regulation 55 of the NES-F. If these conditions aren’t met, the activity becomes a Restricted Discretionary Activity and requires consent.
The taking, use, damming, diversion, or discharge of water outside a natural wetland but within 100 metres of it are non-complying and require consent if they could cause full or partial drainage of the wetland.
The taking, use, damming, diversion, or discharge of water within a natural wetland that could cause full or partial drainage is prohibited (consent cannot be granted).
The taking, use, damming, diversion, or discharge of water within a natural wetland or within 100 metres of it is non-complying and requires consent, unless stated above.
To be a permitted activity (no consent required), Intensive Winter Grazing must meet several conditions, which include keeping livestock at least 5 metres away from any waterbody, including wetlands, even if there’s no water present at the time.
If this condition isn’t met, resource consent is required.
Under the Stock Exclusion Regulations 2020 all stock must be excluded from wetlands, with deadlines depending on the stock type and context:
|
Stock Type |
Scenario |
Required date of Exclusion |
| All (dairy, Dairy support, Cattle, deer, pigs) | Newly Developed Farms | 3 September 2020 |
| All | Wetlands identified in Regional/District Plans as of 3 September 2020 | 1 July 2023 |
| All | Wetland supporting threatened species | 1 July 2025 |
